R U L I N G
This is an application under rule 4 of the Court of Appeal Rules (the Rules) for extension of time to lodge a Notice of Appeal and a Record of Appeal. The decision against which A.H. Nurani (the appellant) wishes to appeal was given by Aluoch J on 19th February, 1998. The applicant filed an appeal (Civil Appeal No. 52 of 1998) but this was struck out by this Court on 7th April, 2000 because it was incompetent. The applicant then took out this Notice of Motion six days later on 13th April, 2000. The supporting affidavit was sworn by Mr Akbar Esmail who also appears for the applicant in this appliTchaet ioNno.tice of Motion as drawn did not specifically seek an order for extension of time to lodge a Notice of Appeal.
Mr. Esmail applied informally to amend the Notice of Motion to include a prayer for extension of time to lodge a Notice of Appeal. Mr Satish Gautama for the second, third and fourth respondents did not object to Mr Esmail’s application for amendment but Mr Ochieng…