RULING
This is a motion under rule 4 of the Court of Appeal Rules for an order extending the time within which to serve a notice of appeal. The applicant Jotham Muiruri Kibarufiled a notice of appeal declaring his intention of appealing against the decision of the High Court given on 15th January, 2010, in High Court Civil Case No. 188 of 2007, but he did not serve the said notice within the stipulated time under the Court of Appeal Rules. He has explained through his advocate, Mr. Lawrence Macharia Karanja that the delay in serving the said notice was due to inadvertence. Mr. Karanja swore the affidavit in support of the motion, and in it he has deponed, inter alia, that he instructed his court clerk to serve the aforesaid notice and Mr. Karanja believed his instructions were complied with. But alas, the clerk did not serve the notice on the respondent, Simon Towett Maritim, and this fact came to light when Messrs Odhiambo and Odhiambo, Advocates, who are on record for the respondent,…