RULING
Solomon Juma Ambunya, the applicant was the unsuccessful party in a suit he filed by way of an Originating Summons in the High Court at Kakamega against Jimmy Habil Mkimbo, the respondent. The High Court, (Said Juma Chitembwe, J.) handed down its decision on 29th June, 2010 dismissing the applicant's suit. The applicant contends, in the application before me, that he filed a notice of appeal against that decision on 29th July, 2010. He has exhibited a copy of that notice.
In the present application, expressed to be brought under rule 4 of the Court of Appeal Rules, among other provisions invoked, the applicant principally, prays for two orders, the first one being that he be granted leave to file an appeal out of time and the second that the draft Memorandum of Appeal annexed to the application be deemed as duly filed upon payment of the requisite court fees.
In support of the application, the applicant has sworn an affidavit in which he substantially attributes the failure to fil…