IN THE COURT OFAPPEAL AT NYERI (CORAM: WAKI, JA (IN CHAMBERS) CIVIL APPLICATION NO. NAI. 33 OF 2011
BETWEEM
DORCAS WAIRIMU MURIITHI ................................................APPLICANT
AND
JOHN KABUTHA ..................................................................RESPONDENT
(An application to strike out the notice of appeal in an intended appeal against the judgment of the High Court of Kenya at Nyeri (Makhandia, J.) dated 30th November, 2009 in
H.C.C.C. NO. 6 OF 1997) ********************* R U L I N G The matter before me is the motion dated 25th January, 2011 seeking an order under rule 4 of the rules of this Court for extension of time to file and serve a record of about appeal out of time. The decision intended to be challenged on appeal was made by the High Court (Makhandia, J.) on 30th November, 2009 which is a period of one year and two months before the application was filed. In terms of rule 4, I have unfettered discretion to extend the period but the discretion must be ex…