INVESCO ASSURANCE COMPANY LIMITED V. JOSEPH MORARA OMOKE

RULING

[1] Before me is a notice of motion dated 6^th June, 2018, brought under Rule 4 of the Court of Appeal Rules. The applicant Invesco Assurance Company Limited seek to have time extended to enable it file and serve a memorandum of appeal and a record of appeal out of time.

[2] The applicant is dissatisfied with a ruling delivered on 1^st April, 2016, by the High Court sitting in Kisii (Nagillah J), in which the learned judge reviewed a ruling made on 3^rd November, 2015, granting an order for stay of execution, dismissed the applicant’s application dated 25^th June, 2015 and lifted the order of stay. The applicant intends to appeal against the ruling of 1^st April, 2016 hence the application for extension of time.

[3] According to an affidavit sworn by Rosemary Okumbe, the Company Secretary of the applicant, a notice of appeal was filed, but the memorandum of appeal and the record of appeal were not filed in time as there was delay in the applicant receiving copies of the proceedings and…