C.O. OKERE
V.
ESTHER NDUTA KIIYUKIA & 2 ORS

RULING

The motion the subject of this ruling is one under Rule 4 of the Court of Appeal Rules. It seeks two prayers, namely:-

“(a) THAT the time within which the applicant should file and serve upon the Respondents the Memorandum and Record of Appeal be extended for such period as the Court may deem fit; and

(b)THAT the costs of and incidental to this application do abide the result of the intended Appeal.”

Rawal, J. gave judgment against Dr. C.O. Okere, the applicant herein, on 4^th May, 2007. On 9^th May, 2007, the applicant filed a notice of appeal through his advocate, Mr. Julius Opini. On the same day, the applicant wrote a letter to the Deputy Registrar of the superior court asking for a certified copy of the proceedings and judgment. Both the notice of appeal and the letter bespeaking the proceedings and judgment were duly served on the respective advocates for all the respondents, Esther Nduta Kiiyukia, Esther Muthoni and the City Council of Nairobi. By a letter dated 30^th January, …