RULING
The applicant, Vitalis Omwoma Ndemo has brought this Notice of Motion lodged on 16th May 2018 seeking for time to be extended within which to file and serve a record of appeal out of time. The motion is premised on the grounds that the delay in filing the record of appeal was occasioned by circumstances beyond the applicant’s control, that being, an inadvertent mistake of his counsel and that it would not be fair or just to punish the innocent applicant for that mistake. The applicant plea was that he be granted an opportunity to ventilate the intended appeal since it had an overwhelming chance of success, and that in any event the Respondents would suffer no prejudice if time were extended.
In an affidavit in support of the motion, and written submissions, Erastus Orina, Advocate who had conduce of the suit in the lower court asserted that the judgment was delivered on 15th December, 2017, and the Notice of appeal was timeously lodged on 21st December, 2017; that within thirty (…