SUDI ALI RASHID V. RUTH ALIAS RAYA JEREMIAH ATIENO

RULING

1. By an application dated 13^th May 2018, the applicant has moved this Court under Rule 4 of the Court of Appeal Rules seeking to have the Notice of Appeal filed on 21^st March 2018 and the Memorandum and record of appeal filed on 9^th April 2018 to be deemed as duly filed or alternatively, that the time for lodging the same be extended. The intended appeal challenges a judgment of the Environment and Land Court given on 31^st January 2018 dismissing his suit with costs.

2. The applicant states in support of the application that when the suit was before the trial court for mention to confirm the filing of submissions, he attended court alongside his Advocate, Mr. Said Ali. There was no attendance on behalf of the respondent on the said date. Nonetheless, the trial court, having confirmed that the applicant’s submissions were on record, directed that the respondent had until 31^st January 2018 to file her submissions and that thereafter, judgment would be rendered on 28^th February 201…