RULING
This is an application dated 31st August 2009 under Rule 4 of the Court of Appeal Rules for extension of time within which to file and serve a Notice of Appeal and to file and serve a Record of Appeal.
The applicant intends to appeal against ruling of the superior court (Kimaru, J) delivered on 17th June, 2009 in the High Court case number 360 of 2003, in which the court held that the applicant had no cause of action against the second defendant and now the second respondent in this suit, and struck out the suit against the applicant herein and also ordered that the respondent’s reply to further amended defence and defence to counterclaim filed on 28th November 2008 be struck out and entered judgment against the applicant. The substance of the prayer granted in the counterclaim is that the applicant gives vacant possession of the suit property to the second respondent within 45 days failing which the second respondent be at liberty to forcefully evict the applicant from the premi…