VERONICAH RWAMBA MBOGOH V. MARGARET RACHEL MUTHONI & ARTHUR MUNENE MBOGOH

R U L I N G

In this Notice of motion brought under Rule 4 and 81 of the Rules of this Court (the Rules), the applicant is seeking leave for extension of time within which she can file and serve the record of appeal. The grounds upon which she relies are that:

"That the applicant's advocate honestly believed that the time within which the applicant can file the record of appeal was to expire on the 12th June, 2002. That the applicant lateness in filing the record of appeal in good time was not intentional nor inordinate.

That the applicant has an arguable appeal."

The affidavit filed in support of the application by Wanja. G. Wambugu, counsel for the applicant, discloses the following facts:

That on the 14th day of November, 2001 Visram J. delivered a ruling in Succession Cause No. 989 of 1999 in which he dismissed the applicant's application to review his earlier ruling that had locked her out of the Estate of one Gerishon John Mbogoh (a man she believed to be her husband). Obviously the a…