BARCLAYS BANK OF KENYA V. KEPHA NYABERA, 189 OTHERS, KENYA FARMERS ASSOCIATION LTD & CO-OPERATIVE BANK OF KENYA LTD

R U L I N G

This application expressed to be brought under rule 4 of the Rules of this Court seeks, in the main, two orders:

1. That the time to file the memorandum of appeal and the record of appeal be extended;

and

2. That Civil Appeal No. 169 of 2007 be deemed to have been duly filed in time.

The decision the subject matter of the intended appeal was delivered on 1^st December, 2006. The applicant being aggrieved by it timeously filed a notice of appeal.

However, the appeal being Civil Appeal No. 169 of 2007 was lodged on 15^th August, 2007, a time which constituted a period which was obviously outside the time permitted by the Rules of this Court.

According to the Certificate of Delay of which Mr. Karanja for the 1^st respondent challenges the time taken by the Court to prepare and supply copies of the proceedings and ruling was from 6^th December, 2006 to 31^st May 2007. It would appear therefore that the delay in filing the appeal was 15 days or so outside the time stipulated by Rules.

Mr. E…