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This is an application by the defendant seeking an extension of time pursuant to rule 4 of the Rules of this Court to serve the notice of appeal in an intended appeal from the judgment of the superior court (Mulwa, J.) given on 26 September, 2002.
The material facts of this short application can be briefly stated. Following upon the judgment aforesaid, the defendant by a notice of appeal dated 1 October 2002 filed the notice on the same day within the prescribed time and allegedly served the opposite side on 8 October . The endorsement of service, however, shows that service was effected on 17 October . The advocate for the applicant did not read the endorsement when the notice was returned and served, but immediately assumed that it was endorsed for 8 October . No reason has been advanced why the endorsement should bear the date of 17 Oct ober. It was also said that when an application was made for stay this point was not taken.
In these circumstances, an application has bee…