RULING
This is an application by way of Notice of Motion application dated 7th November, 2014 brought pursuant to Rules 4, 41, 42 and 75 of the Court of
Appeal Rules (the Rules). The applicant seeks the following orders:
“1. That this Honourable Court be pleased to extend the time within which the applicant is to file and serve the Notice of Appeal from the decision of Honourable Justice A. Mabeya given on 15th July, 2014 in NAIROBI HCCC NO. 1685 OF 2001 (O.S) and the applicant be granted unconditional leave to prosecute the intended appeal.
That the Costs of and incidental to this application abide the outcome of the intended appeal.”
The grounds upon which he relies on in support of his application are that: the matter intended to be appealed from was heard before Honourable
Justice A. Mabeya who was transferred before he could deliver judgment; that the file was subsequently taken to Bungoma for the Honourable Judge to write the judgment; that parties were notified that judgment would b…