RULING
By a Notice of Motion dated 8th June 2021 made under Rules 4 and 81(1) (2) [sic] of the Court of Appeal Rules, the Applicant, Moses Kiplagat Saikwa, seeks extension of time pursuant to Rule 4 to file the Notice of Appeal and the intended appeal out of time. He also seeks costs of the application. The intended appeal arises from the Ruling and Order of the Environment and Land Court at Nairobi Case No. 251 of 2019 (L. C. Komingoi, J.) delivered on 5th March 2020. The application and today’s Hearing Notice have been duly served on the respective counsel for the three Respondents.
The Motion is supported by the annexed affidavit of Burton Isindu (learned counsel for the applicant) sworn on 8th June 2021, and is made on 7 grounds set out on the face of the Motion, which I need not recite here, save to observe that they contain the Applicant’s explanation for the delay in lodging his intended appeal. A summary of those grounds, which are also deposed in the learned counsel’s supportin…