R U L I N G
By a Notice of Motion dated 3rd December 2013, the applicant seeks two orders under Rules 4&42 of the Court of Appeal Rules 2010 that:-
The time within which to lodge an appeal against the entire judgment of the learned Judge delivered on 20th February 2013 be extended.
Costs of the application be in the cause.
The ground in support of the application is that the time within which to prepare and file the record of appeal lapsed before the applicant could prepare the same. The application is supported by the affidavit of the applicant and a further supporting affidavit is sworn by Shadrack Mugambi Njeru, learned counsel for applicant.
The applicant deposes that the judgment was delivered on 20th February, 2013 and on 27th February, 2013 the applicant applied for certified copies of the proceedings which were availed on 23rd July, 2013. The Certificate of Delay is attached to the further supporting affidavit sworn by the applicant’s counsel. The applicant deposes that betwe…