R U L I N G
This ruling relates to the application (by notice of motion) dated 27th June, 2013 made by P M N seeking extension of time to file and serve a notice of appeal against the judgment and decree delivered by the High Court (Nambuye J, as she then was,) on 28th September, 2013.
The application came up for hearing before me sitting as a single Judge on 17th March, 2014 pursuant to rule 53 of the rules of this Court.
Learned counsel Mr. D. K. Musyoka appeared for the applicant, while learned counsel Mrs. Judy Thongori appeared for the respondent. Mrs. Thongori opposed the application. Mr. Musyoka relied on the affidavit sworn by him on 26th June, 2013 in support of the application in which he has averred that he did not get notice that delivery of the judgment would be on 28th January, 2011 and that he learnt of the delivery on 1st November, 2012 when, Mrs. Thongori, counsel for the respondent, called him to enquire about implementation of the judgment and that after he got instruc…