R U L I N G
This is an application by way of Notice of Motion stated to have been brought under “Rules 4, 42, 74 and 76 of the Court of Appeal Rules” in which the applicant, Simon Towett Maritim is seeking the following orders:-
“1. THAT time within which to lodge and serve notice and record of appeal from the decision of the superior court in NAKURU H.C.C.C. No. 253 of 1996 be extended as this Honourable Court may deem fit.
2. THAT costs of and incidental to this application abide the result of the intended appeal.”
The application is based on various grounds stated therein and on the applicant’s affidavit running into 19 paragraphs in which the applicant sets out the reasons why there was a delay in filing the notice of appeal and the record of appeal. There is then a long replying affidavit of 32 paragraphs sworn by the respondent, Jotham Muiruri Kibaru.
This application was argued with considerable force by both Mr. Oduor for the applicant, and Mr. Kahiga, for the respondent.
From the …