BONIFACE NJUGUNA GAKURU V. PAUL NJOROGE GAKURU

R U L I N G

The applicant has invoked rule 4 of this Court’s Rules in seeking an extension of time to file and serve a notice of appeal and record of appeal out of time against the judgment of Makhandia J. delivered on the 22^nd July 2009 in High Court Civil Appeal Nyeri No. 920 of 2007. In support of the application the applicant has relied on grounds in the body of the application namely, that the applicant is not guilty of inordinate delay; the respondent is not likely to suffer any prejudice and that the applicant has a good appeal with high chances of success. In addition the applicant has more extensively explained the above grounds in an affidavit in support of the application sworn on 29^th September 2009. The principal grounds relied on by Mr. Nganga, learned counsel for the applicant is that the applicant’s advocate at the time the judgment was delivered on 22^nd July 2009 had advised that there was nothing more which could be done and that by the time the applicant sought a…