RULING
The application by way of the Notice of Motion dated 3rd September 2020 is brought by the Applicant herein pursuant to Rule 4 of the Court of Appeal Rules, and is seeking extension of the time and leave to file the Record of Appeal against the judgement delivered on 6th May 2020 in Malindi Environment & Land Court Case No. 119 of 2016. Further, that the costs of the application be provided for. The application is supported by an affidavit sworn by the Applicant on 3rd September 2020, wherein he stated that being aggrieved by the judgment delivered by the trial Court on 6th May 2020 in, he filed a Notice of Appeal on 7th May 2020, and applied for certified copies of the proceedings.
However, that the certified copies of the proceedings were only availed to him on 9th July 2020 with a Certificate of Delay issued on 20th July 2020. The Applicant averred that his case was arguable, and that the delay is not inordinate and excusable, and was caused by factors beyond his control. In ad…