<p class="ql-align-justify"> R U L I N G</p><p class="ql-align-justify">I have, before me, an application brought by a notice of motion. It does not say what rule of the Rules of this Court is invoked to base the application but I would assume it is brought under rule 4. The applicant seeks extension of time to lodge a notice of appeal and record of appeal, afresh, out of time as a result of her first appeal to this Court having been struck out on 14th May, 1999, as one of the affected parties (the second respondent) was not served with either the notice of appeal or the record of appeal.</p><p class="ql-align-justify">Miss Mukuha who appeared for the applicant says that in addition to the lapse on the part of the applicant in not serving the notice of appeal on the second respondent, she noticed that an exhibit (copies of proceedings and judgment in Meru H.C.C.C. NO. 80 of 1984) was not included in the struck out record of appeal. So she set out to apply for and obtain those copies which were supplied to her on 17th September, 1999.</p><p class="ql-align-justify">The affidavit filed in support of the appl…</p>