ROSE ARAKA MBECHE V. DAVID KIHUMBA MATHAI

RULING

I am asked in the Notice of Motion said to be brought under Rules 4, 42 (1), 43 (1), 75 (1) and 77 (1) of the rules of this Court and all enabling provisions of the law to extend the time for filing and serving a Notice of Appeal in respect of the judgment of the High Court delivered on 12^th October, 2017 and that should I agree to extend time, I should deem the Notice of Appeal attached to the motion as properly filed and served upon the respondent.

The background of the application is not difficult to discern from the material availed to me in the grounds set out in support of the motion and in an affidavit in support of the same by Ondieki Ayuka Advocate sworn on 26^th October, 2017.

It appears to me that both sides agree that the High Court was to deliver judgment in Nakuru High Court Civil Case No. 209 of 2003 on 5^th day of October, 2017. On that day, Mulwa, J., the learned Judge who heard the suit did not sit at her Nakuru station as she was sitting at the High Court of Kenya…