RULING
A. INTRODUCTION
1.Before the Court is a Notice of Motion dated 17th February 2021 and filed on 18th February 2021, pursuant to Rules 3(5) and 15 of the Supreme Court Rules, 2020. The application seeks the following orders:
a. That leave be granted to the applicant to extend time to file its Supplementary Record of Appeal out of time.
b. That the Supplementary Record of Appeal dated 8th February 2021 and filed on 9th February 2021 be deemed as duly and properly filed.
c. That the costs of and incidental to this application abide the result of the appeal.
2.The application is supported by an affidavit sworn on 17th February 2021 by Allen Waiyaki Gichuhi, advocate for the applicant.
3.The Applicant filed a petition of appeal, being Petition No. 16 of 2020 dated 28th August 2020, seeking to set aside the judgment of the Court of Appeal at Nairobi (Makhandia, Kiage & Murgor, JJA) delivered on 7th August 2020, in Civil Appeal No. 404 of 2018.
B. BACKGROUND
4.Willesden Investment Ltd, the 4th …