1.The applicant’s motion dated 5th April, 2022 seeks leave to file an appeal out of time and that the Notice of Appeal filed herein be deemed as duly filed. The rest of the prayers seeking orders of stay fall outside the purview of a single judge and hence, I shall not delve into them. The motion is supported by an affidavit of Samuel Muiruri Kamondo, the applicant herein sworn on 5th April, 2022.
2.In the supporting affidavit the applicant deponed that he was a respondent in ELC Case No. 371 of 2013; that on 7th March, 2022, the court ordered that he demolishes structures on the suit land within 30 days thereof, failing which he be forcefully evicted and be liable to serve 3 months’ imprisonment and that he lodged a Notice of Appeal dated 1st April, 2022.
3.The respondent did not file a replying affidavit in opposition to the motion.On record is an affidavit of service by one William Mwangi who depones that on 11th April, 2022, he served the Notice of Motion dated 5th April, 2022 upon the firm of Maguta Kimemia & Associates for the respondent.
4.The application before me is predicated upon Rule 4 of this Court’s Rules. It provides:
6.The applicant is aggrieved by the orders made on 7th March, 2022. According to the record, and this is not denied, the orders were made in presence of “... counsel for the plaintiff, Samuel Muiruri Kamondo in person ...”. The reason for the delay in filing the Notice of Appeal in time is stated in paragraph 11 of the supporting affidavit. The applicant deponed:
7.As has been stated times without a number, ignorance of the law is not a defence. It is unfortunate that the applicant was not aware of the timelines of lodging a Notice of Appeal. His ignorance however, is not a valid reason for the exercise of my discretion in his favor.
8.Consequently, I decline the invitation to allow for enlargement of time as I find the motion to be without merit. It is hereby dismissed with no order as to costs.