MINISTRY OF ROADS & ANOTHER
V.
GEORGE KIMANI MBUGUA & 2 OTHERS

RULING

The Attorney General, acting for the Ministry of Roads, hereinafter referred to as “the applicant,” has brought this application under rules 4, 42 and 77 of this court’s rules. The applicant seeks the following orders:-

THAT the Honourable Court of Appeal does grant the Applicant extension of time to serve the Notice of Appeal out of the time stipulated of 7 days

THAT the Notice of Appeal filed in the court on 30^th September 2013 and served upon the Respondents on 22^nd October 2013 be deemed as properly served and proper before the court.

THAT costs of this application be provided for.”

The application is based on the following grounds, set out on the face of the application:

“(i) THAT the delay in serving the Notice of Appeal within the stipulated period of 7 days was due to an inadvertent mistake on the part of the court clerk at the Attorney General’s chambers.

THAT the delay and mistake to serve the Notice of Appeal is excusable and will not prejudice the respondent.

THAT the i…