R U L I N G
This is an application by way of notice of motion stated to have been brought under "The Court of Appeal Rules including Rules 4 and 47(1), Section 3 of the Appellate Jurisdiction Act and all other enabling provisions of the law". The applicant seeks that:-
"This honourable court be pleased to grant an extension of time for the lodgement of a notice of appeal from a decision of the High Court of Kenya at Kisumu (the Hon. Justice B.K. Tanui) given on the 4th day of April, 2001 in H.C.C.C No. 305 of 1999".
This application is brought on the following grounds:-
i.The ruling of the superior court by which the decision of the 4th day of April, 2001 was made was delivered without notice to the applicant.
iiConsequently the applicant lodged no notice of appeal within the 14th day period prescribed by Rule 74 of the Court of Appeal Rules.
iii.The High Court of Kenya at Kisumu declined to extend time under Section 7 of the Appellate Jurisdiction Act (Cap.9).
iv. The applicant is aggrieve…