R U L I N G
The application dated 28th August 2008 and filed in Court on 1st September, 2009 is brought under rule 4 of this Court’s Rules. It seeks an extension of time to enable the applicant to file an appeal out of time. It is based on the grounds set out on the face thereof and on the averments in the supporting affidavit. The application was argued before me on 13th July 2009, when Mr. Mwaura, a director of the applicant submitted the superior court case ended on 10th May, 2007 and he applied for proceedings and filed notice of appeal on 18th May, 2007. The proceedings were not ready until 9th June, 2008. Given that scenario, the appeal ought to have been filed by 8th August, 2008 but that when the decree was extracted it had an error which necessitated that it be returned and a proper one was extracted on 8th August, 2008. Then this application was filed on 1st September, 2008, for leave to file the record of appeal out of time. Mr. Mwaura referred me to the replying affidavit a…