RULING
[1] The notice of motion dated 3rd August, 2018 is brought under Rule 4 of the Court of Appeal Rules. Salim Abdalla Maalim, (applicant) is seeking extension of time to file and serve the record of appeal as well as the record of appeal which was lodged on the 2nd August, 2018 to be deemed as properly filed and served. The applicant also seeks leave to file a supplementary record of appeal to include a certified copy of the decree. The application is supported by the grounds stated thereunder which are further expounded by the supporting affidavits sworn by Hamisi Ali Mwadzogo that was sworn on 3rdAugust, 2018 and a replying affidavit sworn by the applicant on 19th September, 2018.
[2] Going by the record before me, on 4th May, 2018 Thande, J., delivered a judgment in a succession dispute that involved the estate of Bakari Madi Chosi (deceased) who died on 10th November, 2011 regarding a house without land on Plot No. 82/1/MN at Free Town, Kisauni, Mombasa. The dispute was between…