JANE KISAKA MUNG'AU V. JOSEPH OUMA ONDITI

RULING

1. Although the notice of motion dated 11th November, 2019 is pronounced to be brought under Rule 5(2)b of the Rules of this Court, the same is essentially an application for extension of time which is supposed to be premised on Rule 4 of the Rules of Court.

2. The applicant seeks an order for extension of time to file the record of appeal against the judgment made by the Environment and Land Court (ELC) on 31st July, 2017 in ELC No. 38 of 2012. According to the applicant, being aggrieved with the above judgment, through her counsel on record she lodged a notice of appeal within time and also wrote the letter bespeaking the proceedings to the Deputy Registrar of the High Court and copied the same to counsel for the respondent.

3. According to counsel, there was no communication from the Deputy Registrar to inform him that proceedings were ready for collection. Out of his own diligence, he enquired from the registry and having confirmed that the proceedings were ready for collectio…