(APPLICATION FOR LEAVE TO FILE AND SERVE NOTICE OF APPEAL AND RECORD OF APPEAL OUT OF TIME AGAINST THE RULING AND ORDER OF THE HIGH COURT OF KENYA AT MOMBASA (LADY COMMISSIONER OF ASSIZE MRS. KHAMINWA) DATED 5TH MAY, 2003INH.C.C.C. NO. 232

RULING

What is before me is an application made under Rule 4 of the rules of this Court (“the rules”)seeking two prayers which are couched as follows;

“1 That the applicant be granted leave by this Honourable Court to file and serve his Notice of appeal out of time and the Notice of Appeal filed on 26/5/2003 and served on the same day upon the respondent’s advocate be deemed as filed and served if leave is grant(sic).

2 That the period in which to appeal be extended for a further period of 60 days if leave to appeal out of time is granted.”

Although the application is dated 15^th December 2005, it was not filed until 30^th December 2005. It was scheduled for hearing on 26^th July, 2006 in Mombasa but the applicant’s counsel sought an adjournment on the ground that he intended to file a supplementary affidavit to introduce the ruling of the superior court which was intended to be challenged but had been left out when the application was filed. The adjournment was granted by Omolo J.A and leav…