R U L I N G
This is an application under rule 4 of the Court of Appeal Rules for extension of time to file a Notice of Appeal and Record of Appeal. The decision against which H.Z. and Company Ltd. the applicant wishes to appeal was given by Wambilyangah, J on 16.6.98. The applicant filed an appeal against that decision (CA No. 239 of 1998) but this was struck out as incompetent on 22.3.2000 as the Record of Appeal did not contain some of the exhibits tendered in evidence at the trial. Since these exhibits were said to have been lost, the applicant was obliged to obtain a certificate of loss signed by the Deputy Registrar of the superior court before it could mount a competent appeal. This certificate was issued on 7th April, 2000 though Mr. Kasamani does not say in his affidavit when he received it. Mr. Kowino, for the respondent, opposes this application on the ground that Mr. Kasamani has not explained the delay between the date the certificate of loss was issued and 26.4.2000 when t…