RULING
Although the matter before me is one of the run-of-the-mill applications for extension of time under rule 4 of this court’s rules, learned Counsel for the respondent, Mr. Morris Njage, has raised a fundamental objection to it, which I must deal with in limine. The objection made by Mr. Njage is that the intended appeal is against the decision of the superior court, made in exercise of its appellate jurisdiction in a Succession matter, which decision is not appealable by dint of section 50 of the Law of Succession Act Cap. 160. In his view, leave to appeal would therefore be required but none was obtained and therefore the application for extension of time is either premature or incompetent.
The genesis of the dispute is not clear because the relevant documents and proceedings thereon have not been made available to me. All that is before me are the proceedings and judgment of the superior court (Lenaola, J.) in H.C.C.A. NO. 50/01. From those records, the following facts are appar…