RULING
By a Notice of Motion under rule 4 of the Rules of this Court the applicant has moved the court for an order extending and enlarging time within which to file a Notice of Appeal and, thereafter, to lodge a record of appeal in an intended appeal against the judgment of the superior court at Nairobi (Kuloba, J.) in its Civil Case No. 2071 of 1977 delivered on February 2, 1996. The applicant has been guilty of many lapses and omissions in the prosecution of his intended appeal. Firstly, a similar application, as this one, was lodged in a wrong court and despite it being disposed of on November 25, 1996, nothing was done to rectify the omission until almost two months afterwards. Secondly, though the proceedings were received on April 16, 1996, the applicant has not given any convincing reasons why he did not instruct his advocate to lodge the intended appeal until about three months later.
This is not a mistake of the advocate but that of the applicant himself. Thirdly, despite the …