RICHARD AKWESERA ONDITI V. KENYA COMMERCIAL FINANCE CO. LTD

R U L I N G

This is an application by Notice of Motion dated 15^th June 2007 being Civil Application No. NAI.157 of 2007 for extension of time under rule 4 of the Court of Appeal Rules, hereinafter “the Rules”. The applicant is Richard Akwasera Onditi, hereinafter referred to as Onditi or “the Applicant”.

In order to understand the back ground to the application it is necessary to summarise some of the history of the previous events:-

On 1^st December 2007 Onyango Otieno JA delivered his ruling in Civil application No. 146 of 2006. The latter application dated 17^th May 2006 was for, firstly, extension of time to appeal against the decisions of Tanui J. dated 18^th September 2001, secondly, leave to file a further Notice of Appeal against that decision and thirdly, the applicant also sought extension of a stay of execution which had been granted on 31^st March 2006 pending the hearing and determination of the appeal which appeal record was stated to be ready.

Onyango Otieno JA, after reciting …