RULING
The applicant (who was the appellant in Civil Appeal No. 115 of 2001) by an application dated 24th November, 2002 seeks an order for extension of time to enable him to lodge his application for restoration of the said appeal to hearing. His appeal was dismissed with costs under rule 99(1) of the Rules of this Court for non-attendance on his or his advocate’s part. That was on 23rd April, 2002.
On the 4th day of June, 2000 the applicant’s advocate Mr. Njoroge filed an application in the appeal seeking setting aside of the dismissal order made on 23rd April, 2002 and reinstatement of the appeal itself to hearing. Rule 99(3) of the Rules of this Court provides specifically that such an application “shall be made within 30 days of the decision of the Court”. Mr. Njoroge was some 9 days out of time in so applying and hence that application was struck out. I note that he did not apply for extension of time to lodge that application prior to lodgment thereof.
He is here now seeking the e…