RULING
The heading of this application by Notice of Motion dated 22nd April 2005 states that it is an application for leave to extend time to file and serve Notice of Appeal and Record of Appeal out of time from the Ruling/Orders of Mr. Justice Onesmus Mutungi dated 29th April 2004 in High Court at Milimani Commercial Court in winding up Cause No.21 of 2003.
The Notice of Motion continues as follows:-
NOTICE OF MOTION
(Under Rule 4 of the court of Appeal Rules)
TAKE NOTICE...............Counsel for the Applicant will move the
Court for ORDERS:-
A) THAT the time within which to lodge and serve a Record of Appeal be further extended from the time that had been given by Mr. Justice R.S.C. Omolo (JA) in CA NAI 270 of 2004.
B) THAT the costs be in the cause.
WHICH APPLICATION is supported by the affidavit of John Kipkemboi Kilel attached on the following grounds:-
1. THAT an extension of time to file a Notice of Appeal and the Record of Appeal in this matter had been given on the 14th March, 2005 b…