IBRAHIM MWENY KOTIT
V.
ALEMUSIA KOTIT

R U L I N G

By a Notice of Motion dated 28^th April 2015 the applicant, applied for time to be extended under Rule 4 of the Court of Appeal Rules 2010 within which to lodge and serve a notice of appeal and a record of appeal against a ruling of Obaga, J delivered on 14^th January 2014.

The application was brought on the grounds that;

The proceedings were supplied out of the statutory period to file an appeal out of the 60 days granted;

That the applicant was unable to raise the requisite fee for counsel to take up the appeal;

That being an inherited property two brothers have benefited to the exclusion of the appellant;

That extreme injustice would be occasioned should this appeal be struck out or ignored.

In an affidavit in support of the Notice of Motion sworn by Michael K. Chemwok, learned counsel for the applicant, it was deponed that following instructions from the applicant, he filed a Notice of Appeal on 27^th January 2014 which was served on the respondent on 28^th January 2014. By a le…