RULING OF THE COURT
[1] UPON PERUSING the Notice of Motion dated 25th March 2024 and filed on 30th April 2024,pursuant to Article 163(4)(b) of the Constitution, Rule 15(2) of the Supreme Court Rules and other enabling provisions of law; seeking extension of time to file an appeal and record out of time against the ruling by the Court of Appeal (Tuiyot, Lesiit & Gatembu, JJ.A) in Civil Application No. E043 of 2022, and costs; and
[2] UPON CONSIDERING the applicant’s grounds on the face of the application and affidavit sworn by James Gitau on 3rd April 2024, wherein it is contended that, even though the Notice of Appeal was filed within the prescribed time, the time to file an appeal and record has lapsed; the delay is excusable and not inordinate; the same was occasioned by the Court of Appeal’s failure to avail complete typed proceedings to the applicant; the request for typed proceedings was made on 12th February 2024 but the appellate court only furnished part of the relevant proceedi…