PETER SIMON OPIYO V. MADISON INSURANCE COMPANY LIMITED

R U L I N G

I have before me an application for extension of time to lodge a record of appeal out of time. The judgment sought to be appealed against was delivered on 24th November, 2000. The notice of appeal was lodged on 28th November, 2000. A letter bespeaking a copy of proceedings and certified copy of judgment was filed in the superior court Registry on 28th November, 2000 by M/s J. Ngaii Gikonyo and Company, Advocates for the applicant. This letter was copied to M/s Kimotho and Maiyo, Advocates for the respondent.

I note that the applicant's advocates sought a certified copy of the judgment to enable them to lodge the intended appeal. Such a copy is not necessary for the purposes of record of appeal. Despite the fact that a certified copy of the judgment or order appealed against is not necessary for inclusion in the record of appeal, advocates, in many instances, keep on seeking such copies to enable them to lodge an appeal. This Court has pointed out on several occasions that an…