RULING
The motion before me dated 18th April, 2019 seeks enlargement of time within which to lodge an appeal against the judgment of the High Court (Okwany J) delivered on 20th November, 2018. Even though the notice of appeal was filed on time, it is urged that the applicant’s former advocates inadvertently failed to request for proceedings within time.
It is only when the current advocates came on record that they discovered the omission. They proceeded to bespeak the proceedings vide their letter dated 7th January, 2019.
It is apparent from the record of the motion that the proceedings are now ready, and this following strenuous follow up for the same as evidenced by the letters from the applicant’s advocates to the Deputy Registrar of the High Court at Kisii exhibited.
It also transpires that before the current application another had been filed by the applicant seeking extension of time but was withdrawn “without prejudice” according to Mr. Isinta, the applicant’s learned counsel, tho…