RULING
This is an application for extension of time brought under Rule 4 of the Court of Appeal Rules. The applicant Musa Kipkorir Arap Baringila seeks orders that this Court do extend time within which to lodge and serve the record of appeal out of time. The application is supported by the grounds set out in the body of the application. It is also supported by a long affidavit running into 27 paragraphs.
In his submissions before me, Mr. Njiraini the learned counsel for the applicant has given elaborate explanation as to what led to the delay. He also touched on the issue of the applicable law and faulted the learned Judge of the superior court in applying the Law of Succession Act (Cap 160 Laws of Kenya) when the applicable law should have been Moslem law. Mr Njiraini did this in a bid to show that the intended appeal had high chances of success. The reasons given for the delay were that the applicant’s former advocate resigned from his previous firm without informing the applicant wh…