RULING
The applicant, Patricia Hadija Wagaki filed a Notice of Motion application pursuant to Rule 4 of this Court’s Rules as well as Sections 3A and 3B of the Appellate Jurisdiction Act. In the main, the applicant sought to have time extended for the filing of an appeal against the decision in Nanyuki High Court Succession Cause No. 64 of 2016, delivered on 19th April, 2018.
Joseph Muriithi Mathinji was named as a respondent. He however does not appear to have filed an affidavit in response to the applicant’s supporting affidavit dated 8th March, 2019.
The reasons for the delay as can be discerned from the Notice of Motion and the supporting affidavit are that the petitioner in the Succession Cause No. 64 of 2016, one Miriam Wangui John (the deceased) died on 16th September, 2018; that the impugned judgment was delivered on 19th April, 2018; that the deceased timeously lodged a Notice of Appeal on 24th April, 2018; that on 2nd May, 2018, the deceased applied for certified copies of the …