ELISHA JUMA OWUOR
V.
WALTER MBOYA ONYANGO & ANOTHER

ELISHA JUMA OWUOR................................... APPLICANT

AND

WALTER MBOYA ONYANGO

HON. ATTORNEY GENERALR.....................ESPONDENTS

RULING

This is an application for extension of time from which to file a notice of appeal and a record of appeal following the striking out by this Court of a defective record of appeal on 15^th October, 2010. The struck out record had been timeously filed.

At the hearing of the application the applicant was represented by Mr. P. J. O. Otieno advocate whereas the respondent was represented by Mr. Okero, advocate.

In support of the application Mr. Otieno relied on the affidavit in support which was sworn by him on 27^th October, 2010 and on a supplementary affidavit similarly sworn by him and filed on 16^th June, 2011. In opposition to the application, Mr. Okero, learned counsel for the respondent relied on the replying affidavit sworn by George Vincent Odunga on 8^th November, 2010.

Mr. Otieno, centred his submissions on the fact that after the striking out…