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…at Nairobi, Gachuhi J) RULING This application is in two parts, the first to extend the time for filing the notice of appeal and the second to extend the time for instituting the appeal which, the applicant’s notice of motion…

…By a further misfortune, before the substantive appeal could come on, Ranchod died on January 14, 1984, and Bhavin, the son of Ranchod and Hiraben has now applied by Notice of Motion to this court under Rules 42 and 96:-…

…It will be observed that the form of the Motion is to appoint (1) Bhavin to represent “the first appellant now deceased”, whom we take to mean Ranchod himself, and (2) Bhavin and Lalita to represent “the second appellant…

…This is the Notice of Motion dated 26.10.2004 and filed in court on the same day. That it is only one of the children, namely J A who is in school but that even then, he is fully supported by Plan International.…

…Anampiu submitted that the fact that the application was not brought by way of Notice of Motion does not go to the root or substance of the application.…

…For these reasons we would refuse the leave to appeal sought in the applicant’s notice of motion filed in this Court on 13 September 1990. We would make no order as to the costs of this application.…

…Magolo did not move this court under the said provisions as he did not file an application by way of Notice of motion supported by affidavit but opted to apply for revision.…