RULING
This is an application by Siuma Jacob Mukalama (the applicant) under rule 4 of the Court of Appeal Rules (the Rules) seeking an extension of time to file and serve a Notice of Appeal and Record of Appeal out of time.
There was also a prayer in the motion that service of the notice of appeal on the 2nd respondent Daniel Musamala Mukalama be dispensed with. In the affidavit in support of the motion sworn by the applicant, there is paragraph 3 stating:-
“That service upon the first respondent be suspended(sic) as they never took part in the proceedings in the superior court.”
Mr W. Athung’a, learned counsel for the applicant, in his submissions in support of the application agreed that the length of delay sought to be excused was about five months from 5th May 2006 to 5th October 2006. His explanation for that delay, which he described as not inordinate, was that it was necessary for an application to be made to allow new counsel to come on record. The reason for the necessity of chan…