R U L I N G
The Notice of Motion dated 29th May, 2013 is brought by Jane Catherine Karani (applicant), who was the respondent in Embu Civil Appeal No. 69 of 2010. It is brought under Rule 4 of this Court's Rules. The applicant is seeking for extension of time to file and serve the Notice of Appeal, Memorandum and Record of Appeal out of time. The application and hearing notice were duly served upon the respondent who did not appear during the hearing of this application. The application is supported by the applicant's affidavit sworn on 29th May, 2013. She has annexed a copy of judgment that was delivered on 2nd May, 2013 as well as the cause list for the daily matters that were
listed before the High Court, Embu on 2nd May, 2013. The Civil Appeal No 69 of 2010 was not listed.
The applicant contends that when she appeared for the judgment, she was informed that the court was dealing with criminal matters on that day. Since the matter was not listed she left the court and alerted her advo…