KIBIEGO TUWEI V. MARY CHESANG & BENJAMIN KARONEI

RULING

The motion before me is brought under rule 4 of the Court of Appeal Rules. It purports to also cite various provisions of the Civil Procedure Act and Rules, which are of no relevance or application hereto, and which I shall ignore. The motion seeks in prayer (b) an order that;

“(b) There be an extension of time to file an appeal out of time in the Court of Appeal from the Judgment delivered by Lady Justice Jeanne Gacheche on 9^th May, 2006.”

It also seeks orders for stay of further proceedings. It is obvious that a single Judge is not possessed of the jurisdiction to entertain or grant such prayers even were they merited, which is doubtful in the circumstances of this case.

The grounds on which the prayer for extension of time is sought appear on the face of the motion as follows;

“(i) The Appeal Eldoret Court of Appeal Civil Appeal No. 262 of 2018 has abated.

(ii) The applicant has obtained letters of Administration on behalf of the deceased and seeks to prefer a fresh appeal.

(iii) T…