RULING
[1] By a Notice of Motion dated 4th January, 2017, Philip Okwero Ofisi, the applicant herein, has moved the Court for orders for extension of time to file his Memorandum of Appeal against the ruling of the High Court (Tuiyot J) delivered on 26th June, 2016. A copy of the judgment has not been availed to the Court. However, copies of the proceedings in Busia Probate and Administration Cause No. 48 of 1999 and a copy of a notice of appeal lodged in the High Court on 27th May, 2016, have been availed.
[2] In his affidavit in support of the motion, the applicant who was the objector in the administration cause, swears that he instructed his counsel one Leonard of Opiyo and Company Advocates, to file the memorandum of appeal but only came to learn later that this had not been done. He therefore blames the advocate for the failure to file the memorandum of appeal in time and urges the Court to indulge him, as he has a good appeal. He has also filed a draft memorandum of appeal in which…