SUSAN WAMBOI CHEPKAITANY V. IN RE ESTATE OF LAZARO CHEPKAITANY CHEBII (DECEASED)

RULING

By a Notice of Motion dated 20^th May 2019 premised on Article 159 (2) of the Constitution, sections 3A and 3B of the Appellate Jurisdiction Act and rules 4 and 42 (2), of the Court of Appeal Rules, the applicant, Susan Wamboi Chepkaitany has sought orders for extension of time within which to file and serve a Notice and record of appeal against the orders of the High Court dated 25^th January 2019. The application was brought on the grounds that after delivery of the Ruling on 25^th January 2009, the applicant instructed her former advocate, Kanyi J and Company Advocates to lodge a Notice of Appeal. But on account of an error or mistake, the firm inadvertently failed to lodge the Notice. It was further contended that she subsequently instructed the current firm, Chamwada and Company Advocates who, after the original file was released them on 8^th May 2019, sought leave to institute an appeal.

The applicant’s apprehension is that unless time to lodge a Notice of appeal was extended, …