RULING
In this application, the applicant has sought extension of time within which to lodge and serve the Notice of Appeal and the Record of Appeal in an intended appeal from the decree of the High Court of Kenya at Nakuru (Rimita, J.) dated 10th day of June, 1996 in that court's Civil Case Number 303 of 1995. It would appear that the applicant's original appeal number 197 of 1996 was on 24th September, 1996 struck out by this Court for the reason that it was in respect of two separate decisions of the superior court, namely; the decree of that court dated 10th June, 1996 and the ruling of the same court dated 19th July, 1996 both of which had two distinct Notices of Appeal. In that regard, this Court was of the view that that appeal was incompetent and the same had to suffer the inevitable consequence of being struck out. That consequence necessitated the lodging of the present application by way of Notice of Motion on 26th September, 1996. Save for the lapses aforementioned, that ap…