DAIMA BANK LIMITED (IN LIQUIDATION) V. DAVID MUSYIMI NDETEI

R U L I N G

Before me is an application by way of Notice of Motion under “Rule 4, 1(3) and 42 of the Court of Appeal Rules, section 3A and 3B of the Appellate Jurisdiction Act (Chapter 9 Laws of Kenya and all other enabling provisions of the law”, in which the applicant, DAIMA BANK LIMITED (IN LIQUIDATION) seeks the following orders:-

“1. THAT this Honourable Court be pleased to extend the time for filing and serving the record of appeal.

2. THAT the record of appeal lodged in this Court on 15^th July, 2010 in Civil Appeal No. 171 of 2010 by the Applicant/Appellant be allowed and be deemed to have been filed within time.

3. THAT costs be provided for.”

This application is brought on the following grounds:-

“1. The Applicant/Appellant applied for copies of proceedings and judgment on 27^th October, 2005 and the same were supplied on 28^th April, 2010.

2. The Applicant was supplied with a certificate of delay on 24^th May, 2010 and commenced the preparation of the record of appeal.

3. The delay in …