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RULING
This is an application under rule 4 of the Court of Appeal Rules for extension of time to file a notice of appeal and a record of appeal out of time. It is however, stated on the face of the application, and is conceded by the respondent, that a notice of appeal was timeously filed and served. The understanding of learned counsel for the applicant, Mr. Nyachoti, is that the notice of appeal was only valid for 60 days and expired when the appeal was not filed within time. Mr. Nyachoti did not refer me to any order of the Court striking out the notice of appeal nor did he refer to any of the rules of the Court which provide for expiry of a notice of appeal. I must therefore find, and I now do so, that his submission had no substance in law. The prayer for extension of time to file a notice of appeal is unnecessary and is struck out.
The prayer for filing the memorandum of appeal and record of appeal is supported by an affidavit of the 2nd applicant who narrated the history of the cā¦