JEDIDAH MATHEMBO NDUNDA V. RAEL MUTUNGE

RULING

By her motion dated 16^th March 2016 and brought under Rule 4 of this Court’s Rules, the applicant Jedidah Mathembo Ndunda seeks two substantive prayers namely;

2. THAT this honourable court be pleased to grant the applicant an extension of time to file and serve a notice of appeal against the ruling/order delivered in Kitui High Court Succession Cause No. 319 of 2015.

3. THAT in the alternative, the honourable court be pleased to order that the notice of appeal filed on 19^th February, 2016 be deemed to have been filed within time.

The application is founded on some eighteen grounds which seem to be a replica of the nineteen-paragraph supporting affidavit of the applicant. I think that this is a misapprehension of what ought to be contained in the grounds that support a motion. Evidence and narration of facts belong to the affidavit and not in grounds which ought to be brief and precise speaking only to the principles applicable for the grant of the particular application present b…