RULING
1. Before me is a Notice of Motion dated 12th June, 2023 seeking leave to file and serve the notice of appeal and the record of Appeal out of time against a portion of the ruling of the High Court of Kenya Civil Division, Nairobi Misc. Civil Application E403 OF 2022 (Honourable Lady Justice Mulwa J.) delivered on 3rd May 2023.
2. The application also seeks an order for stay of execution which should heard before a 3 Judge bench and therefore I will only deal with the prayer for extension of time. In any event, how can one apply for stay of execution and at the same time seek for extension of time? It is trite law that stay of execution can only be granted if there is a proper appeal before the Court.
3. To put the application in context, I shall summarize the grounds in support of the application. The applicant states: that the ruling was delivered online on 3rd May, 2023 but they had a problem with internet connectivity at the time; that they requested for a copy …