RICHARD THAIRU GACHAGUA GACHIGI V. SETTLEMENT FUND TRUSTEES & NAFTALI RUTHI KINYUA

RULING

Before me is an application by way of notice of motion dated and lodged in this Court’s Registry on the 16^th day of May, 2014. It is predicated on Rule 4 of this Court’s Rules. It seeks leave of court to extend time within which to file a notice of Appeal; to extend time within which to lodge and serve a record of Appeal; to extend time within which to file the appeal. It is grounded on the grounds in the body of the application and the supporting affidavit deposed by James Kamande Mwaura Gichachi.

On the date fixed for the hearing of the application only Mr. Gichachi J.K. Mwaura for the applicant was in attendance. There was no appearance for all the respondents. Mr. Gichachi informed me that the first respondent the Settlement Fund Trustees never participated in the High Court proceedings though served with the plaint. The 2^nd respondent who was served through an advertisement in a newspaper also never participated in the proceedings in the High Court.

(3) I being satisfied that…