R U L I N G
The applicant, Hezron Alloys Nyachae has applied for time to be extended to file and serve a Notice and a Record of Appeal under Rule 4 of the Court of Appeal Rules 2010.
Before I deal with the application for extension, a brief background of the case would be of necessity. Though the record is scanty, I have been able to discern that the trial court entered judgment against the applicant on 26th October 2012 for the torts of false imprisonment and malicious prosecution. Each of the plaintiffs, the respondents herein, was awarded Kshs 30,000/- for wrongful arrest; Kshs 30,000/- for false imprisonment; Kshs. 200,000/- for malicious prosecution and Kshs 50,000/- in special damages. The applicant appealed against the decision in the High Court but failed to fix the appeal for hearing. This prompted the respondents to file an application for its dismissal. The High Court found in favour of the respondents and dismissed the appeal on 1st October 2015.
The applicant was aggrieved a…