RULING
Mr. Kariuki has opposed the application on the ground that according to the notice of appeal itself, it was lodged on 14th November, 1997. That is out of time. As such he said no competent appeal can be lodged based on that defective notice of appeal. Mr. Njage has pointed out that the notice of appeal was in fact lodged on 16th October, 1997 as the court stamp of the High Court on the notice shows. He also produced the court fee receipt which is dated 16th October, 1997 in respect of the notice. The Deputy Registrar of the Superior Court erroneously showed the date of lodgment as 14th November, 1997. There is clear evidence that the notice was lodged in fact on 16th October, 1997. Mr. Kariuki has not opposed the application on any other ground. The applicant could have lodged the appeal without seeking extension of time but counsel for the applicant chose to play safe. He applied for a formal order for extension of time. There is no inordinate delay in bringing this application…