RULING
Background
1.This application is brought under Rules 4 and 75 of the Court of Appeal Rules. Wilson Wesonga Watako (the applicant) seeks orders in the main:
a) That this Court be pleased to grant leave to file and serve a Notice of Appeal and Memorandum of Appeal respectively challenging the judgment delivered on 7th May, 2019 in Kakamega HC ELC No. 290 of 2013 by N.A. Matheka, J. out of time.
b) That costs of this application be provided for Mathias M. Mumassaba is the respondent herein
2)The application is supported by the affidavit sworn by the applicant. The applicant averred that he is dissatisfied with the impugned judgment and through his erstwhile lawyers vide a letter dated 29th May, 2019 applied and paid for certified proceedings and judgment; that he appointed new advocates, M/s Osango & Company Advocates on 14th August, 2019 to take up the matter and follow up on the appeal process; that the said advocates advised that he has an arguable appeal with overwhelming chances o…