R U L I N G
I have before me an application dated 18th November, 1997 whereby the applicant seeks leave to file, out of time, and therefore serve out of time, a notice of appeal and the consequent record of appeal, on the respondent.
The application has been opposed strenuously by Dr. Khaminwa for the respondent and it is therefore incumbent upon me to set out the history of this litigation.
On 22nd day of February, 1993 the superior court (Mbito, J.) by a ruling dated 17th February, 1993, ruled that a judgment of a Rwandese court, registered in the superior court at Nairobi under the Foreign Judgments (Reciprocal enforcement) Act of Kenya was not properly registered de jure and consequently set aside such registration. Although the ruling is dated 17th February, 1993 it was delivered on 22nd February, 1993. Such dating creates complications and I hope in future the superior court will only indicate the date the judgments/rulings are delivered and not when those are typed. The applicant …