R U L I N G
The applicant was the unsuccessful party before the superior court in its civil suit, Nakuru High Court Civil Case No. 731 of 1993. The decision in that case was delivered on 26th March, 1996, by Lady Justice S.C. Ondeyo. The applicant was dissatisfied and wished to appeal against that decision.
However, his advocate, Lawrence Mwangi, did not file a notice of appeal within the time prescribed by rule 74(2) of the Rules of this court. The applicant now moves this court for orders, firstly, extending the time within which to lodge a notice of appeal and, secondly, for stay of execution of the decree in the suit, above, pending appeal.
The court's jurisdiction to grant a stay of execution is donated by rule 5(2)(b) of the Rules of the Court. That jurisdiction is exercisable when an intending appellant has lodged a valid Notice of Appeal in terms of rule 74, above. There is no valid Notice of Appeal filed in terms.
Consequently this court lacks the jurisdiction to grant that praye…