REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI ELC. CASE NO. 425 OF 2009 WAMBUA MWANGANGI………………………….…….………. PLAINTIFF VERSUS SAMUEL KAMUNYE GICHIGI…………….………….....…DEFENDANT RULING I have read the Notice of Motion dated 17/7/13 which seeks for leave to be granted to the Applicant to file a Notice of Appeal out of time. I have also read the Affidavit of Wambua Mwangangi dated 17/7/13 in which he explains the reason why the Notice of Appeal was not filed on time. Indeed, the Judgment herein was delivered on 14 th June 2013 in the absence of all parties. The Plaintiff has disclosed that he had travelled and his advocate was taking exams on that day hence his nonattendance in court. The Plaintiff discloses that he only came to learn about the Judgment on 5 th July 2013 by which time the time period within which a Notice of Appeal is required to be filed had lapsed. I can see that there was no inordinate delay in filing this application. I am convinced that the reasons given for non-attendance are reasonable. I therefore allow the application. SIGNED AND DELIVERED AT NAIROBI ON THE 2ND DAY OF AUGUST 2013. MARY M. GITUMBI JUDGE
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