RULING
1. This application dated 26th October 2023, is said to be brought under Rule 5(2) of the Court of Appeal Rules, 2022. The applicant is seeking extension of time for the applicant to lodge and serve a record of appeal against the judgement of the Superior Court rendered on 5th May 2020 in ELC NO. 277 of 2011.
2. The grounds underpinning this application as stated on the face thereof are that, in a judgement dated 5th May 2020, Hon. E.O Obaga J dismissed the applicant’s suit, brought by way of a re- amended plaint dated 12th June 2012 in its entirety and awarded costs to the defendant. The court also entered judgement in favour of the respondent in their counterclaim dated 5th April 2011 against the plaintiff. The applicant was aggrieved by the judgement and promptly filed and served Notice of Appeal on 12th May 2020, signifying intent to file an appeal. The applicant failed to follow up with the filing of the record of appeal.
3. The applicant appointed M/S Wambugu & Muriuki A…