RULING
The application before me has been expressed to be brought under rules 4, 12, 63 and 87 of the Court of Appeal Rules, but in a nutshell it is, an application for an extension of time within which to file and serve a notice of appeal and a record of appeal against the decision of the High Court (Makhandia J.) dated 15th November, 2007. The aforesaid decision was given pursuant to an application under Order IXB rule 8 of the Civil Procedure Rules in which the applicant herein prayed for an order setting aside an order of the same court dated 11th December, 2002. By that order the High Court had dismissed the applicant’s application dated 14th January, 2002, for among other reasons the non-attendance of his counsel to prosecute the same.
Makhandia J expressed the view that although the application to set aside was expressed to be brought under Order IX8 rule 8 aforesaid, it was essentially an application for review, and proceeded to treat it as such and based his decision on the p…