CHARLES MUCHEMI IKINYA
V.
FLORENCE WAMBUI KUNG'U

RULING

Background

1. Before me is a Notice of Motion dated 28^th January, 2015 brought pursuant to Rules 1 (2) and Rule 4 of the Court of Appeal Rules (the Rules), Sections 3A and 3B of the Appellate Jurisdiction Act and Article 159 (2) (d) of the Constitution. The applicant seeks the following orders:

1. That this Honourable Court be pleased to Order an enlargement of the time within which to serve the Notice of Appeal dated the 5^th November, 2014 in respect of the ruling made by the Hon. Justice Musyoka on the 24^th October, 2014 dismissing the Applicants/appellant's application dated the 7^th August 2013.

2. That the notice of Appeal filed on the 5^th November, 2014 together with the letter requesting for proceedings dated 4^th November, 2014 and belatedly served on the 7^th January, 2015 and 9^th January, 2015 respectively be deemed duly filed and served within time.

3. That the Honourable Court be pleased to make such further Orders as are necessary for the ends of justice in the matter.

4. T…