RULING
Before me is a notice of motion dated 7th February 2020, brought under rules 4, 75 and 77 of the Court of Appeal Rules, 2020, substantively seeking orders that:
“2. This court be pleased to extend the time within which the applicant should have served the Notice of Appeal consequently the notice of appeal dated 5th December 2019 be deemed as properly served.
3. That costs of this application be provided for.”
It is supported by grounds on its body, a supporting affidavit of David Kamau Kariuki together with annextures thereto. It has been opposed by a replying affidavit of Stanley Theuri Kihungi, the 1st respondent dated 26th June 2020 together with annextures thereto. The application was canvassed by written submissions. Those for the applicants are dated 26th June 2020, while those for the 1st respondent tare dated 25th June 2020.
It is the applicant’s averments and submissions inter alia that: they were sued by the first respondent in Environment and Land Court (ELC) ELCC No. 440…