R U L I N G
This application for extension of time to file the notice of appeal and record of appeal within 14 and 60 days respectively was lodged in this court on 16th day of July, 2009. It is based on the grounds set out on the face thereof and the supporting affidavit. The main reason for the delay is spelt out in paragraph 6 of the supporting affidavit which states as follows:-
“6 THAT despite the applicant’s instructions I inadvertently failed to file the said notice of appeal within the prescribed period of time.”
Paragraph 6 of the supporting affidavit to the application for certificate of urgency also states:
“7 THAT the delay in filing the notice of appeal was occasioned by the mistake of counsel and not the client.”
In paragraph 8 he states:
THAT the client should not be made to suffer for the mistakes of its counsel.”
Mr. Karumba, learned counsel for the applicant appeared before me on 5th May, 2010 and argued the application on the grounds set out on the face thereof and the av…