P N N
V.
Z W N

R U L I N G

This ruling relates to the application (by notice of motion) dated 27^th June, 2013 made by P M N seeking extension of time to file and serve a notice of appeal against the judgment and decree delivered by the High Court (Nambuye J, as she then was,) on 28^th September, 2013.

The application came up for hearing before me sitting as a single Judge on 17^th March, 2014 pursuant to rule 53 of the rules of this Court.

Learned counsel Mr. D. K. Musyoka appeared for the applicant, while learned counsel Mrs. Judy Thongori appeared for the respondent. Mrs. Thongori opposed the application. Mr. Musyoka relied on the affidavit sworn by him on 26^th June, 2013 in support of the application in which he has averred that he did not get notice that delivery of the judgment would be on 28^th January, 2011 and that he learnt of the delivery on 1^st November, 2012 when, Mrs. Thongori, counsel for the respondent, called him to enquire about implementation of the judgment and that after he got instruc…