R U L I N G
This is an application by way of Notice of Motion brought under rule 4 of the Court of Appeal (the Rules) in which the applicant, Kitts Mbati Mukonyole, is seeking the following orders:-
“(a) THAT time limited for filing and serving by the applicant of the Notice and Record of Appeal be enlarged.
(b) THAT the costs of and incidental to this application be borne by the applicant.”
This application is brought on the following grounds:-
“1. The applicant is desirous of challenging the decision of his lordship Justice G.B.M. Kariuki delivered on 18/5/2006.
2. It is the applicant’s former Advocates M/S. J.J. MUKAVALE and CO. ADVOCATES who caused the delay to file the notice of Appeal in time and/or advising the applicant properly or at all despite having received instructions well within time.
3. The matter of the proposed appeal is a portion of land and the appeal raises serious and arguable issues of law.
4. The respondent’s inconvenience can be compensated by costs”.
In addition to t…