JOSEPH OYULA
V.
RAMJI DEVJI VEKARIA

IN THE COURT OF APPEAL AT ELDORET (CORAM: O’KUBASU, JA (IN CHAMBERS) CIVIL APPLICATION NO. 138 OF 2011 BETWEEN JOSEPH OYULA.......................................................................APPLICANT AND RAMJI DEVJI VEKARIA........................................................RESPONDENT (An application for leave to file and serve notice of appeal out of time from the ruling of the High Court of Kenya at Eldoret (Mwilu, J) dated 9^th December, 2009 in H.C.C.C NO 92 OF 2007) **********************

RULING

Before me is an application by way of Notice of Motion brought under Rule 4 of the Court of Appeal Rules. The application seeks the extension of time in which to file and serve a notice of appeal and record of appeal. The application is brought on the following grounds:-

“(a) The ruling giving rise to the appeal herein was delivered on 9^th December 2009 (b) The applicant duly filed a notice of appeal against the said ruling on the 16^th December 2009. (c) The applicant duly wrote to th…