JUDGEMENT OF THE COURT
By a Notice of Motion dated 10th August, 2007 the appellant, Nabil Hassan sought, among other orders, extension of time within which to lodge an appeal to the High Court from the decision of the subordinate Court in Kisumu Chief Magistrate's Court Civil Case No. 738 of 1998 dated 8th December, 2006. By that decision the subordinate court (W.B. Mokaya SM) dismissed the appellant's application to set aside the sale of title number Kisumu Municipality / Block 6/103 (hereinafter the said property). The sale was pursuant to a decree in the said subordinate court case.
The learned Senior Resident Magistrate dismissed the appellant's application on the primary ground that he had failed to intimate to the court his intention to proceed with his objection to attachment in time, with the result that the attachment and sale of the said property had occurred. That is the decision against which the applicant sought to challenge on appeal.
It is significant that when the appella…