R U L I N G
This is an application by P. N. Kamau for extension of time to file and serve a fresh Notice of Appeal and serve a Record of Appeal. The intended appeal is from the decision of Kuloba J (as he then was) in HCCC No. 462 of 2001 (hereinafter “the Kuloba Judgment”) striking out the applicant’s defence. The applicant claims to have filed the notice of appeal in time but then did not file the record in time with the result that the notice of appeal was deemed to have been withdrawn in accordance with rule 82 (a) of the Court of Appeal Rules (hereinafter the Rules).
The applicant states that the cause of the delay has been the Registry of the High Court’s delay in furnishing the record of proceedings which at the time of the filing of this application still had not been supplied.
The dates relevant to the application would appear from the affidavit of the applicant in support and the affidavit in reply to be as follows:-
25th February 2002. Decision of Kuloba J. striking out the def…