RULING
Background
[1] This is an application by way of an amended Notice of Motion brought under Rule 4 of the Court of Appeal Rules (the Rules) in which the applicants seeks the following order;-
1) That the time limited for the applicant to file and serve the Respondents with the Notice of Appeal, Memorandum of Appeal and Record of Appeal be enlarged or extended to allow the filing and serving of the same within such time as the court shall deem fit.
[2] The application was anchored on the grounds that the delay in filing the notice of appeal and the record of appeal was occasioned by the applicant’s application which was filed in the High Court that sought a stay of execution of the decree dated 31st October, 2016. The aforementioned decree quashed the applicant’s appointment as Chief of Sengwer location.
[3] The application was opposed by the respondent in his replying affidavit dated 9th June, 2017 where he deponed inter alia that the applicant does not have an arguable appeal; that t…