R U L I N G
This is an application for an extension of time to file a Notice of Appeal out of time.
It came before me on Friday 2nd December 2005 at which hearing the applicant herein was represented by learned counsel Mrs. D.M.Thangei. There was no appearance before me for the respondent to the application despite the hearing notice for the application having been served on Muriu Mungai and Co the advocates for the respondent. Mrs D.M. Thangei indicated that she would like to proceed with the application.
The judgment intended to be appealed against is that of B.K.Tanui J. delivered in HCCC No.148 of 2004 on 31st May 2005 in the presence of Mr. Ochieng’ the advocate for the plaintiff applicant in the superior court but in the absence of the defendant respondent or his advocates.
The Notice of appeal dated 6th June 2005 was lodged by the respondent herein in the High Court Registry on 22nd June 2005 which was eight days outside the fourteen days from the date of judgment allowed by rule 7…