R U L I N G
I have before me a notice of motion brought under rule 4 of this Court’s Rules seeking orders that:-
“1. The time for lodging the appeal be extended
2. The costs of this application be provided for.”
No grounds in support of the application were availed in the notice of motion as the applicant preferred to refer the Court to the grounds set out in the supporting affidavit. That is not proper but I will treat that omission as curable irregularity nonetheless. In the supporting affidavit, sworn by the applicant’s learned counsel Mr. Paul Ogunde, it is reposed that the ruling, the appellant intends to appeal from was delivered on 29th February 2008 in the High Court at Milimani Civil Case No. 446 of 2007. The applicant, through its advocates filed notice of appeal timeously on 3rd March 2008. On 4th March 2008, its advocates wrote a letter to the Deputy Registrar, superior court bespeaking certified copies of proceedings. That letter was copied to Machira and Company, the advoc…