R U L I N G
I have before me an application by way of notice of motion lodged in the registry on 3rd April 2007 in which the applicant is seeking one main order and that is the order:
“That this Honourable Court do grant the applicant leave to file and serve his notice of appeal out of time against the order of Hon. Mary Ang’awa J. made on 12th February, 2007.”
The applicant is also praying for an order that the costs of and incidental to this application abide the results of the said appeal. The grounds for the same application are as follows:
“1. That the applicant filed an appeal No. 1105 of 2004 in the High Court.
2. That on 12th February, 2007 the said Appeal was summarily rejected (dismissed).
3. That Knowledge of the said dismissal reached the applicant’s lawyers on 26th March, 2007.
4. That failure to file notice of appeal on time was due to a mistake or default of the High Court Civil Appeal’s registry as they did not promptly communicate with the lawyers for the applicant on the de…