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…of time.…

…Nakuru Civil Appeal No 156 of 1999 was struck out on 21st February, 2001 for being out of time. The applicant lodged this application a week later on 28th February, 2001.…

…In his submission in court counsel for the appellant reiterated his grounds of appeal and stressed the following points. (1) That since he pleaded that the plaint was filed out of time the plaintiff should have adduced evidence…

…to show that he had obtained leave to file the suit out of time, the fact that this was not raised at the time of trial notwithstanding. (2) That the injury was to the left eye which had healed and he had not lost sight…

…He has also applied extension to file the order out of time. In order to succeed Mr Kamau has to bring himself within rule s4 by showing sufficient cause to explain why the required steps were not taken timeously.…

…Mr Etyang argued that the appellant is out of time by some eight years and that to give leave would be to strain the language of the Act a bit too far.…