R U L I N G
It is exciting that the hearing of this application and the ruling thereon have been conducted through video conferencing; a modern technology that will hopefully expedite the administration of justice, improve access to justice and reduce costs. I pay tribute to the parties for giving their consent for adoption of this novel procedure in their matter.
The application is made under rule 4 of the rules of this Court seeking an order for extension of time to file and serve a fresh notice of appeal and a further order for filing and serving a memorandum and record of appeal. The decision of the superior court (Ojwang, J.) which is intended to be challenged was delivered on 11th December, 2009. According to the rules, the notice of appeal ought to have been filed within 14 days, that is on or before 25th December, 2009, and served within seven days thereafter. No notice of appeal was filed or served as provided by the rules, although both parties were represented by counsel in…