R U L I N G
By this application expressed to be brought under rules 4 and 41 of the Court of Appeal Rules, the applicant, JACKSON SABATIA, seeks extension of time within which to file and serve notice of appeal upon the respondent.
The 1st respondent has appeared through Mr. Aswani, Advocate. The 2nd-4th respondents, though duly served, are absent.
The decision, the subject matter of the intended appeal, was delivered on 5th November, 2004. An appeal against it being Kisumu C.A. No. 194 of 2005 was duly lodged. However, by its ruling made on 16th June, 2006, this Court struck out the said appeal on the ground that the record thereof was served outside the time prescribed by the Rules. The dismissal triggered this Motion which was lodged on 20th June, 2006 – four (4) days after the event.
In my view, the applicant has not been guilty of any laches in trying to resuscitate the intended appeal or in putting in motion a new appeal. It cannot in the circumstances be said to have been guilty of…