R U L I N G
I have before me notice of motion dated 11th May 2010 and filed on the same day in which the applicant Gladys Wanjiru Ngacha, through her advocates M/s Bali-Sharma and Bali – Sharma, is seeking one main order namely:- “That this Honourable Court be pleased to extend time within which the applicant/appellant may serve the record of appeal filed on 4th May 2009 and the record so filed be deemed as served within time on all the respondents.” That order is sought on three grounds which are; “(a) That both notice of appeal and the record of appeal have been lodged and served. (b) That the cause of not serving the record within time was due to miscalculation of time. (c) That no prejudice will be occasioned to the respondents in any way.”
Two affidavits were filed in support of the application. The first affidavit was sworn by the applicant. In a summary, that affidavit depones that the applicant, being dissatisfied with the judgment delivered by Makhandia J. on 28th November…