R U L I N G
This is the plaintiff's application under rule 4 of the Court of Appeal Rules for an extension of time to file and serve a notice of appeal from a decision of the superior court (Khamoni, J.) given on 17 March, 2000 in High Court Civil Case No. 1586 of 1993 (the suit).
The plaintiff's suit was dismissed on 17 March 2000 for want of prosecution and, unknown to the plaintiff, his then advocate applied for a review which was dismissed on 15 May, 2000. The plaintiff also filed an application for review which was also dismissed on 19 July 2000. On 31 July, the plaintiff applied for copies of proceedings which I understand have not yet been supplied to him.
The application is opposed by the defendant mainly on the grounds that no appeal lies and, if it does, there is inordinate delay on the part of the plaintiff which has not been satisfactorily explained.
I have carefully considered the three authorities relied upon by Mr. Ndege for the respondent. They are as follows:-
(a)William K…