R U L I N G
The Notice of Motion before me although erroneously indicating as having been brought under Rules 41, by its nature it falls under the provisions of Rule 4 of the Court of Appeal Rules. The applicant, Josephine Wairimu Githinji, is seeking for extension of time to file and serve the record of appeal out of time in regard to High Court Civil Appeal No. 25 of 2004 at Nyeri, a ruling delivered by Khamoni, J. on 30th July, 2004.
In that ruling, the Judge dismissed the applicant's Chamber Summons dated 6th April, 2004, with costs. In that application, the applicant was seeking for two principal orders:
Stay of execution of the orders by the Principal Magistrate pending the hearing and final determination of the appeal.
Maintenance of the status quo as at 30th September, 2003, pending the hearing and determination of this appeal.
The learned Judge dismissed that application with costs. As the orders sought clearly demonstrate, the application before Khamoni J. was an interlocutory ap…