JOHN KIPLANGAT BARBARET & 8 OTHERS V. ISAIAH KIPLANGAT ARAP CHELUGET

RULING

This is an application under rule 4 of the Court of Appeal Rules for extension of time to serve the notice of appeal from the judgment and decree of the superior court (Ojwang, J) dated 6^th October, 2009. The application is supported by an affidavit sworn by John Kiplangat Barbaret on 23^rd November, 2009.

The judgment in the case before the superior court was delivered on 6^th October, 2009, and a notice of appeal was indeed filed within time on 12^th October, 2009. However, it was not served until 23^rd October, 2009 which was four days out of time. The reason given for the delay was mistake on the part of counsel.

Mr. P. Nganga, learned counsel appearing for the applicant, explained that the applicant’s previous counsel had not read the rules relating to service. Mr. A. M. Lubullelah, learned counsel for the respondent, conceded that the delay was not inordinate, and that the appeal was an arguable one.

Rule 4 of the Rules of this Court gives me unfettered discretion whether to exte…