SERAH NJERI V. JOHN KIMANI NJOROGE

R U L I N G

This is an application under rule 4 of the Court of Appeal Rules for extension of time within which to lodge and serve a notice of appeal against the judgment of the superior court (Khaminwa J) delivered on 8^th February, 2007.

The applicant relies on the grounds set out in body of the application and in the affidavit in support of the application which was sworn on 31^st July 2008 by the applicant, the administrator of the estate of the late John Mungai Mwobi. In her affidavit Sarah Njeri depones that when the judgment the subject matter of the intended appeal was given against the estate on 8^th February, 2007, she instructed the estate’s advocates Messrs Odhiambo S. F. and Company to appeal against the judgment. The advocate filed a notice of appeal on 15^th February 2007, well within the prescribed period. The advocates then filed a record of appeal on 9^th July 2007 again, well within the stipulated period, but due to an error concerning the title of the process server’s aff…