R U L I N G
This is an application by Notice of Motion dated 30th July 2013 expressed to be brought under Rules 4, 42 and 43 of the Court of Appeal Rules seeking, inter alia, the following orders:
“1. That this Honourable court be pleased to grant an extension of time for the lodgment of the Notice of Appeal out of time from the judgment and decree of the superior court dated 16th April 2010.
2. That this Honourable court be pleased to grant an extension of time for the lodgment of the Record of Appeal out of time from the judgment and decree of the superior court dated 16th April 2010.”
The application is supported by an affidavit sworn on 30th July 2013 and a further affidavit sworn on 28th January 2014 by Daniel Baragu (herein the 2 n d Applicant). George M. Gichimu and John Gathu Mbote (the 1st and 3rd Respondents respectively) have sworn replying affidavits dated 18th October 2013 and 16th October, 2013 respectively in opposition to the instant application.
Rule 4 of the Court of Appe…