RULING
I have, before me, an application brought under rules 4 and 42 of this court, whereby the applicant seeks orders for extension of time to lodge a Notice of Appeal and record of appeal. The intended appeal is against the judgment and the ensuing decree of the superior court (Hayanga, J). The learned judge decreed that the applicant was a trespasser on plot No. T262 at Kagwe Market, a 50` x 100` plot, and ordered him to vacate the same. The judgment was delivered on 26th May, 1997. At the time the hearing in the superior court started (on 26/5/97) the applicant (defendant) and his counsel were not present. When the first witness for the plaintiff firm (respondent here) had given evidence Mr. Gikonyo walked in holding brief for Mr. Mwiti and sought an adjournment of the hearing on the ground that Mr. Mwiti was unable to attend court as he had been injured in an accident some days earlier.
The applicant himself was not present on that day. The learned judge did not like the could-not…