TUMBA NYANGA
V.
JULIE TRAYNER

R U L I N G

I have before me an application by way of Notice of motion expressed to have been brought under “Rules 4, 41, 42(1) and 85 (2A) of the Court of Appeal (Amendment) Rules in which the applicant, Tumba Nyanga, seeks the following orders:-

“(a) The time fixed for lodging of a notice of Appeal and for service of the same on the intended Respondent be extended.

(b) The Record of Appeal be filed and served within the next 30 days after the expiry of the period granted in (a) above.

(c) The Honourable Judge do direct that a translation of PWEX4 being applicant’s exhibit of two (2) copies of a passport may be excluded from the Record of Appeal.

(d) That costs be in the cause.”

The application is premised on the following grounds:-

“1 The Notice of Appeal was lodged on 18^th May, 2005 and served upon the Respondent on 26^th May, 2005 being the 8^th day upon its being lodged and outside the statutory 7 day period under Rule 76(1) of the Court of Appeal Rules.

2. Upon duly obtaining a Certificat…