REPUBLIC OF KENYA
IN THE COURT OF APPEAL OF KENYA AT KISUMU CIVIL APPEAL 352 OF 2005
GERPHAS ALPHONSE ODHIAMBO.......................................................APPLICANT
AND
FELIX ADIEGO....... .....................................................................RESPONDENT
(An application for extension of time to file a notice of appeal out of time from the ruling and decision of the High Court of Kenya at Kisumu (Tanui, J.) dated 27.09.05
in
H.C.C.C. NO. 16 OF 2002)
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RULING
The notice of motion before me seeks an order for extension of time, under rule 4 of the rules of this Court within which to serve a notice of appeal filed on 05.10.05. The intended appeal is against the ruling of the superior court (Tanui, J.) made on 27.09.05 at Kisumu and therefore the filing of the notice of appeal was timeous. But service of it was made on 13.10.05 which, by dint of rule 76 of the rules, was one day out of time. That is why this application is made.
On the face of it, th…