RULING
This is an application under rule 4 of the Rules of this Court for extension of time within which to file a record of appeal out of time. The application is supported by an affidavit sworn by the applicant himself on 17th July, 1995.
The applicant had filed a record of appeal against the ruling of the superior court (Wambilyangah J) delivered on 23rd November, 1992, being Civil Appeal No 82 of 1993. When the appeal came up for hearing on 20th January, 1995, it was struck out as being incompetent for having failed to include a certified copy of the order appealed against as provided by rule 85(1)(h). This application, if allowed, will enable the applicant to file afresh his record of appeal.
The applicant, in support of the application, deponed in paragraphs 13 and 17 of this affidavit thus:
“13. That the subject of the intended appeal is my land which was fraudulently subdivided into Parcel Number Kwale/Gulu/Kinondo/718, 719, 720, 721, 722, 723 and 727, from the original known as K…