RULING
Before me is an application by way of Notice of Motion expressed as brought under:
“Rule 4 and 42 Court of Appeal Rules as made under section 5 of the Appellant (sic) Jurisdiction Act”.
In this application the applicant seeks the following orders:-
“1. THAT this Honourable Court be pleased
to enlarge time to grant leave to the Applicant to file a Fresh Notice of Appeal and Record of Appeal in respect of the High (sic) of Kenya in Mombasa by Hon. Justice J. W. Mwera dated 16th September 2005,
2. THAT cost of this application.”
The Application is brought on the following grounds:-
“1. THAT the Applicant desires to Appeal against
the judgment aforesaid.
2. THAT the applicant did file an Appeal within time but the record of appeal had defects, which led to it being struck out.
3. THAT the Applicants intended Appeal has very high chances of success, as it raises serious issues of law and fact.”
The foregoing simply means that this is an application under Rule 4 of the Court of Appeal Rules whic…