RULING
This is an application under Rule 4 of the Court of Appeal Rules for extension of time to file an appeal from the judgment and order of the superior court (Juma, J.) dated 17th December, 2002. The application is supported by an affidavit sworn by the applicant, Wageche Mariyu. The judgment in the case before the superior court was delivered on 17th December, 2002, and a notice of appeal and the record of appeal was filed within time. However, when the appeal came up for hearing on 20th May, 2009, the applicant’s learned counsel, Mr. Wachira, himself brought to the attention of the Court that certain primary documents were missing in the record of appeal, and on that account, the appeal was struck out as being incompetent before the Court. Thereafter, the appellant promptly filed this application for extension of time. There has been absolutely no delay in prosecuting the same. The respondent has not filed any affidavit in reply. However, his learned counsel, Mr. Gacheru, has fil…