REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Civil Appeal 136 of 2003 AMOS MWATHI …………………….………………….. APPLICANT VERSUS KAHUNGURA KIBUGU ……………………….. 1ST RESPONDENT KIKUYU TOWN COUNCIL …………………… 2ND RESPONDENT RULING This is an application for leave to file Appeal out of time. When Counsels appeared before this Court on 7th February, 2007, they asked that I rely on submissions made previously (on 21st February, 2005) before me, to write my Ruling. At that time, the same application was struck out for failure to comply with 0.3 R.9A of the Civil Procedure Rules. Since then, the application has been reinstated by consent. In the affidavit supporting the application, the Applicant attributes the delay to a mistake on the part of his previous advocate, who did not inform him of the summary dismissal of his suit in the Lower Court. The suit was dismissed on 31st October, 2002, and the Memorandum of Appeal was filed on 14th March, 2003. The delay is only five months, has been well explained, and the facts have not been controverted. There is indeed no Replying Affidavit. Accordingly, I allow the application dated 17th January, 2005. Costs shall be in cause. Dated and delivered at Nairobi this 7th day of March, 2007. ALNASHIR VISRAM JUDGE
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