RULING
1. This is an application brought under rules 4, 42 and 43 (1) of the Court of Appeal Rules. It seeks extension of time to institute an appeal from the judgment of Muchemi, J. delivered in Bungoma HCCC NO. 41 of 1996 on 8th March, 2011. The judgment was in favour of the respondent.
2. The applicant’s affidavit in support of the application discloses that upon delivery of the judgment, he filed a notice of appeal in person on 14th March, 2011 and on 21st March, 2011 engaged M/s Otsiula Kweya and Company Advocates to file an appeal and paid them a deposit of Kshs.15,000/=.
3. Instead of filing a memorandum and record of appeal, the said advocates instead filed an application for extension of time to file and serve a notice of appeal, saying that the one that he had filed had not been taken to the Deputy Registrar for endorsement and lodging in the Court of Appeal. On 14th June, 2016 this Court (Gatembu, JA.) determined that application, finding that the notice of appeal that had bee…