RULING
By a Notice of Motion dated 9th July 2021 made under Rule 4 of the Court of Appeal Rules, the Applicant, James Muchene Ngei, seeks extension of time pursuant to Rule 4 to serve the Notice of Appeal, and to lodge and serve the Record of Appeal, out of time. He also requests that the Record of Appeal filed herein be deemed as duly filed, and prays that the costs of this application be in the appeal.
The intended appeal arises from the judgment and decree of the High Court of Kenya at Nairobi (Civil Division) Civil Suit No. 680 of 2002 (C. W. Githua, J.) delivered on 25th June 2020.
The Motion is supported by the applicant’s annexed affidavit sworn on 9th July 2021, and is made on 7 grounds set out on the face of the Motion, which I need not recite here, save to observe that they contain the Applicant’s explanation for the delay in lodging his intended appeal. A summary of those grounds, which are also deposed in the applicant’s supporting affidavit, suffice to guide the exercise of …