RULING
1. Before me is a Notice of Motion dated 30th October 2023 brought by Postel Housing Co-Operative Society Limited, the applicant, under Article 159(2)(d) of the Constitution, rule 4 of the Court of Appeal, Rules 2022, Section 3, 3a and 3b of the Appellate Jurisdiction Act Cap 9 Laws of Kenya. The motion substantially seeks for orders that the applicant be granted extension of time within which to file and serve the appeal and in the alternative, the Notice of Appeal dated 18th July 2023 be regularized and deemed as filed, served, and properly on record together with the attendant prayer for costs.
2. The motion is supported by the grounds on its face and the supporting affidavit of M/S John Oscar Juma the applicant’s advocate, sworn on 30th October 2023.
3. This matter originates from a petition, Nairobi E.L.C Petition No. 11 of 2021, that the 1st and 2nd respondents in this application filed against the applicant and other parties, seeking orders for, inter alia; a declaration t…