R U L I N G
This is an application by Notice of Motion dated 10th August 2007 under rule 4 of the Court of Appeal Rules (the Rules) seeking leave to extend time within which to file the Record of Appeal. The affidavit in support of the application was sworn by the applicant Joseph Kibe Mungai who is the guardian ad litem of Ramesh Liladhar Shah (hereinafter “Ramesh”). The respondents were John Njau and Ammon Muhoho Johana as the legal representatives of the Estate of the late Reuben Kangara Kirika.
The prayers sought in the Notice of Motion before me dated 10th August 2007 were:-
“[a] That this Honourable Court be pleased to extend the time within which the intended appellant shall file the Record of Appeal.
[b] That this Honourable Court be pleased to grant leave to the Intended Appellant to file the Record of Appeal within a period of twenty–one days and to serve that Record of Appeal within seven days of such filing.
[c] That the costs of this application be costs in the cause.”
The grou…