R U L I N G
I have before me an application brought under Rules 4 and 42 of the Court of Appeal Rules. It is seeking the following orders:
“1. THAT this Honourable Court be pleased to extend the time within which the Applicant may lodge the appeal as wells as the time within which record of appeal may be filed and served.
2. THAT the costs of this application do abide the outcome of the appeal.”
The application is premised on two grounds namely:
“1. That delay in filing the appeal was occasioned by factors beyond the control of the applicants.
2. That specifically, the said delay was occasioned by lateness in preparation of a proper decree of the High Court since an initial decree had been inadvertently issued by the Court without compliance with the provisions of the Civil Procedure.”
The same application is also supported by an affidavit sworn by Mr Kahiga Waitindi, who though does not specifically state that he is counsel for the applicant, states that he has the consent and authority of …