RULING
This is an application under Rule 4 of the Court of Appeal Rules for extension of time to file an appeal from the ruling and order of the superior court (Dulu, J) dated 12th October, 2009. The application is supported by an affidavit sworn by Patrick Wanyoike Mwaura, Town Clerk, Town Council of Karui.
The ruling in the case before the superior court was delivered on 12th October, 2009 and no notice of appeal was ever filed. According to the supporting affidavit, the applicant’s reason for not filing the notice of appeal within time was that he was unaware of the date when the judgment was delivered by the superior court. He narrates in long-winded paragraphs in his supporting affidavit how the ruling was not delivered on the date originally set for delivery; how he made extensive inquiries of the registry and of the advocate for the respondent as to when the ruling would be delivered, and how eventually he found out on 29th October, 2009 that the ruling had indeed been delivered…