RULING
The background to this ruling is that in a judgment delivered in Embu HCCC No. 78 of 2008 delivered by W. Karanja J, (as she then was,) the court found for the respondents. The applicant became aggrieved with that judgment and moved to this court and preferred an application by way of notice of motion dated the 3rd day of August, 2011 and filed on the same 3rd August, 2011 firstly seeking leave of court to extend time within which to lodge a notice of appeal and the draft notice of appeal be deemed to have been filed and lodged upon payment of the requisite filing fee and that upon granting prayer 1, for extension of time within which to lodge the notice of appeal, that the court do proceed to extend time within which to file the record of appeal.
The application came up for hearing on the 24th day of May, 2012 and when called out for hearing, Wangechi Munene, learned counsel for the applicant though served was absent. Only Mr. Joe Kathungu learned counsel for the respondent who …