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JUDGMENT
I have an application before me brought by way of Notice of Motion stated to be “Persuant to rule 4, rule 42 and rule 74 of the Court of Appeal Rules”. The applicant is seeking leave for extension of time in which to file Notice of Appeal and lodge Memorandum of Appeal. This application is based on the following grounds:
“a. The applicants herein having been dissatisfied with the judgment delivered on the 2nd day of March, 2000 by the lady Justice Mary Ang’awa at Nairobi in High Court Civil Suit Number 293 of 1998 lodged a Notice of Appeal on the 16th day of March, 2000 which was within the time prescribed by law.
b. The applicants acted expeditiously and lodged the Notice of Appeal within the stipulated time.
c. The applicants have an arguable appeal which has high chances of success and it will be rendered nugatory should this Honourable Court refrain from granting the orders sought.
d. The delay in filing the Record of Appeal has not been deliberate but due to reasons beyond th…