RULING
This is an application by way of notice of motion brought under Rule 4 of the Court of Appeal Rules in which the applicant, NATION NEWSPAPERS LIMITED ,seeks the following orders:-
“1. THAT this Honourable Court be pleased to extend the time limited for the lodging of the Record of Appeal in an appeal against the Judgment and Decree of Hon. Justice L. Kimaru dated 15th November, 2006.
2. THAT costs of this application be provided for.”
The application is brought on the following grounds:-
“(a) There was delay in the certification of the decree.
(b)The delay in certification was occasioned by a disagreement between the parties’ advocates as to the proper contents of the decree.
(c)The duly signed sealed and certified Decree and Orders of Hon. Justice L. Kimaru were issued on 20th day of February, 2009. The last day of lodging the Record of Appeal was the 5th day of February, 2009.
In addition to the foregoing there is a long and detailed affidavit sworn by Geoffrey Imende, an adv…