RULING OF THE COURT
Before me is a Notice of Motion dated 16th July, 2020 under Rules 4, 41, 42, 43, 87 and 88 of the Court of Appeal Rules substantively seeking leave of the Court to extend time within which to serve a record of appeal, dated 27th February, 2020 and lodged on 28th February, 2020; deem the said record duly filed and properly served; leave to file and serve a supplementary record of appeal with an attendant order that costs be in the cause.
It is supported by grounds on its body, a supporting affidavit sworn by Paul Korir Sawe together with annextures thereto and a supplementary affidavit sworn jointly by Paul Korir Sawe and Haron Kipkoech Sawe on 10th November, 2020. It has been opposed by a replying affidavit sworn by Salina Sawe on a date not indicated thereon together with annextures thereto.
The application was canvassed through rival pleadings, submissions and legal authorities relied upon by the respective parties in support of their opposing positions without oral…