RULING
The applicant, Peter Kamau Njuguna, has moved the Court by a notice of motion under rules 4 and 42 of the Rules of this Court seeking the following orders:-
"1.That time for filing and serving Notice of Appeal may be extended.
2.That time for instituting the appeal may be extended.
3.Time for service of the Memorandum of Appeal and the Record of Appeal may be extended.
4.That for the purpose of Rule 81 of the Court of Appeal Rules this Honourable Court do order that time for instituting the appeal do run from the date of lodgement of the Notice of Appeal".
What is stated above really seeks this Court's order for extension of time in which to file a notice of appeal and record of appeal since as of now the applicant is out of time.
The previous appeal which must have been filed in time was struck out on 16th January, 2001 when this Court made the following order:-
"The record of appeal omits certain documentary exhibits which were tendered in evidence at the trial. The documents being p…