R U L I N G
This is an application by way of Notice of Motion brought under Rule 4 of the Court of Appeal Rules in which the applicant is seeking the following orders:-
"(a)Leave be granted to the applicant to file Notice of Appeal and Record of Appeal out of time.
(b)Time be fixed for the filing of the said intended Appeal after the grant of such leave.
(c)The costs of this application be Respondent's costs in any event".
The application is supported by the affidavit of Mr.M. Billing who is the advocate acting for the applicant.
When this application came up for hearing on 10th May, 2000 Mr. Billing informed the court that he was actually seeking extension of time in respect of filing the Record of Appeal as the Notice of Appeal had been filed in time. Mr. Ochieng for the respondent conceded that the Notice of Appeal had indeed been filed in time.
Mr. Billing in arguing this application sought to rely on his affidavit which, in his view, explains all the reasons in support of this applicati…