RULING OF THE COURT
Aviation Cargo Support Limited, the applicant herein, went before a single Judge of this Court, G.B.M. Kariuki, JA asking that Judge under rule 4 of the Court’s Rules, to enlarge time for it to enable it file and serve its record of appeal out of time. The application was made on the basis of five grounds expressed as follows:
“The Notice of appeal was lodged and served upon the respondent within the prescribed time.
The appeal is arguable and with an overwhelming chance of success.
The delay is not inordinate having been occasioned partly by the registry in the High Court Registry
The Respondent shall not be prejudiced by the application herein
It is in the interest of justice that the time for filing and serving the Record of Appeal be extended.”
The applicant together with one Sarah Wangui, were sued by the respondent, St. Mark Freight Services Limited, for recovery of US dollars 74831.96 being the balance of the price of goods delivered to it at its request.
J.B. …