RULING
This application is not opposed due to the absence of the respondent's counsel, who though duly served, has not appeared before me during the prosecution of the application by the applicant's counsel. I think, in all circumstances, this is a fit and proper case for me to exercise my discretion in favour of the applicant. The delay involved is not inordinate and has been satisfactorily explained. The subject matter involved is land and the applicant should be permitted to pursue his appeal to the ultimate. I allow the application.
Time to lodge the record of appeal is extended by 21 days hereof. Costs of this application shall be in the intended appeal.
Made at Nairobi this 14th day of January, 1998.
P. K. TUNOI
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JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR