WASIKE V. KHISA & ANOTHER

RULING

This application is brought under rule 1(2), 4, 42 and 81 of the Court of Appeal Rules for orders:

1. That applicant be granted an extension of time not exceeding fourty five days (45) to lodge a Memorandum of Appeal and the Record of Appeal.

2. That applicant be granted an extension of time to serve the Record of Appeal within seven (7) days of filing.

The application is supprted by three affidavits. The first is the affidavit of the applicant sworn on 12th August, 2003. The second is the affidavit of Havon Wasike, the applicants son, sworn on 12th August, 2003. The third affidavit is sworn by Mr Amolo, the applicant’s advocate, on 13th August, 2003.

The starting point is the ruling of Shah, J A dated 21st March, 2003. By that ruling Shah JA

(i) Deemed the notice of appeal lodged by applicant in the Superior Court on 14th July, 1999 to be served in time.

(ii) Ordered that the record of appeal be lodged within 45 days of the date of the ruling.

(iii) Directed the applicant to apply for…