R U L I N G
This is an application by way of Notice of Motion expressed to be brought
“Under Rule 4 and 42 of the Court of Appeal Rules, Cap. 9 of the Laws of Kenya and section 59 of the Interpretation and General Provision Act Chapter 21 Laws of Kenya And all other enabling provisions of the law of Kenya.”
In this application the applicant, MOSES MASIKA WETANGULA, seeks the following orders:-
“1. THAT this Honourable Court do grant leave to the applicant to lodge afresh a Notice of Appeal against the decision of Wanjiru Karanja J. delivered on 27th May, 2008, within a time frame as the Hon Judge may deem fit.
2. THAT this Honourable Court do grant leave to the applicant to lodge afresh record of appeal to include a certified copy of the order appealed against within a time frame as the Hon. Judge may deem fit.
3. THAT for the sake of saving costs the Hon. Judge be pleased to order that the record of appeal in this Hon. Court’s Civil Appeal No. 5 later assigned No. 108 of 2008 be re-used so…