RUTH MUTHONI WANGAI
V.
BONIFACE MWANGI WANGAI & ANOTHER

RULING OF NAMBUYE, JA

Before me is a Notice of Motion expressed to be brought under rule 4 of the Court of Appeal Rules 2010. It basically seeks leave of Court for the applicant Ruth Muthoni Wangai to file both a Notice of Appeal and a record of appeal against the judgment of the High Court delivered by Jairus Ngaah, J on the 6^th March, 2015 with attendant costs in the intended appeal. It is grounded on the grounds in its body, a supporting and supplementary supporting affidavit filed pursuant to leave granted by Nambuye, JA on the 19^th day of October 2015.

Mr. K. Wachira, learned counsel for the applicant has urged me to allow the application on the grounds that the judgment sought to be impugned was delivered in the absence of the applicant and by the time she came to learn of its delivery on 14^th April, 2015, obtained a copy of the judgment on 18^th April, 2015 filed a Notice of Appeal on 20^th April, 2015 and obtained a typed copy of the proceedings on 18^th of August, 2015 time for th…