RULING
The application before me is for extension of time to file and serve both the notice and record of appeal out of time and for provision for costs thereof. It is based on the grounds which are set out on the face of the application and also in the averments on the supporting affidavit deponed to by P. N. Mbugua, counsel for the applicant. The grounds set out on the face of the application are as follows:
“(i) The applicant was not served with a letter of invitation to fix a suitable hearing date of the divorce cause to be appealed against.
(ii) The respondent proceeded unilaterally to be fully heard in the said divorce cause thereby trumping the principle of natural justice which says Audi Alteram Patem or simply that the applicant had a right to be heard.
(iii) The denial of the hearing of the applicant by the respondent in the divorce proceedings in the court a quo was unprecedented, irregular and untenable and a breach of natural justice.
(iv) The affidavit filed by the respondent…