RULING OF THE COURT
[1] The applicant Cornel L. Shisanya moved this Court by way of a Notice of Motion dated 26th July, 2013. The substantive prayer sought by the applicant was extension of time for filing an intended appeal together with leave to file the appeal as well as orders for stay of execution pending the hearing of the appeal.
[2] The application was heard by a single Judge, (Kariuki J.A), under Rule 53 (1) of the Court of Appeal Rules. The application was opposed by Mr. Sitonik counsel for the respondent who submitted that the application was incompetent, as the applicant had projected himself as a party when he was only a donee of a power of attorney. In his ruling, the single Judge dismissed the application, first, on the grounds that the jurisdiction of the court had not been properly invoked as no notice of appeal was lodged pursuant to Rule 75 of the Court of Appeal Rules and therefore the issue of filing the record of appeal could not arise nor could orders of stay of e…