R U L I N G
This is a Notice of Motion brought under rules 4 and 42 of the Court of Appeal Rules in which the applicant is seeking an order that:
"a)The time allowed for lodging and serving a Notice of Appeal and the Record of Appeal be extended to enable the Applicant to lodge and serve a proper Notice of Appeal with the names of all the parties to the intended appeal and to file the Record of Appeal out of time."
This application is brought on the grounds that:
"1.Failure to file a proper Notice of Appeal in time was due to a typographical error.
2.Further delay was caused by the former Chief Justice's direction pursuant to his ruling in Civil Application No. NAI 95 of 1997."
When this application came up for hearing on 18th February, 2002, Mr Maraga for the applicant submitted that the judgment of the superior court was delivered on 20th June, 1996 and on 21st June, 1996, applicant's advocates applied for proceedings. A notice of appeal was filed on 25th June, 1996 but that notice was de…