LIVUKANA MAHALANG'ANG'A
V.
FESTUS MWAKHA AMARE

RULING

The applicant’s application dated 4^th February, 2016 was brought under rule 4 of the Court of Appeal Rules and seeks extension of time to file and serve a notice of appeal as well as the record of appeal from the decision of Chitembwe, J. that was delivered on 19^th May, 2014 in Kakamega HCCC NO. 60 of 2008.

In the affidavit sworn by the applicant in support of the application, he deposed that on 23^rd August, 2014 he instructed his present advocate, Mr. Ateya, to apply for the proceedings and judgment and the advocate did so on 9^th September, 2014. On 19^th September, 2014 his advocate paid for the proceedings.

Certified copies of the proceedings were supplied on 26^th November, 2014 but it was not until 10^th August, 2015 when a certified copy of the judgment was supplied.

The applicant believes that he has an arguable appeal and ought to be granted an opportunity to pursue an appeal.

The respondent filed a replying affidavit in opposition to the said application. He contended that the…