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…OF 1993) BETWEEN EDWARD RIITHO HEZRON KAMAU WAWERU JOHN NDUNGU MBUGUA ....................................APPLICANTS AND MUCHOHI GIKONYO .......................................RESPONDENT (Application for leave to file a Record…

…of Appeal out of time from a Judgment of the High Court (Lady Justice Aluoch) dated 28th June, 1990 in H.C.C.C.…

…It is an application by Kaplan & Stratton, Advocates, for extension of time for lodging a Notice of Appeal and Memorandum and Record of Appeal.…

…The present application by way of a Notice of Motion was filed by the applicant on 25th April, 2000 seeking extension of time for lodging a fresh Notice of Appeal and Memorandum and Record of Appeal (substantive application…

…We reproduce in full the order which was made on the even date: "ORDER OF THE COURT The record of appeal does not include a certified copy of the decree.…

…JUDGE OF APPEAL" On the same day on which the appeal was struck out, Mrs Dias again sought extension of time to lodge a notice of appeal and record of appeal out of time.…

…So that this case is finally disposed of, I order that the record of appeal be filed within 30 days hereof and thereafter be served on all the respondents according to the rules.…

…The record of appeal must be filed within twenty one days from the date hereof. The costs of this application shall be costs in the appeal. Dated and delivered at Nairobi this 25th day of March, 1997. R. S. C.…

…The point taken by Mr Kwach on behalf of the respondents is that the applicant ought to proceed expeditiously to prepare the record of the intended appeal and have the same filed in the registry of this court.…

…With that we agree and we are grateful to Mr Khaminwa for his offer to lodge the record of appeal within 28 days from today. We allow the application and order in terms of paragraph 1 and 2 of the notice of motion.…

…According to the applicant's supporting affidavit to the present application, he was financially incapacitated and was therefore unable to lodge the record of his intended appeal within the extended time.…

…He now has sought and obtained assistance from Kituo Cha Sheria which has agreed to prepare the notice and the record of appeal for him if time in respect thereof is extended.…

…According to the applicant's supporting affidavit to the present application, he was financially incapacitated and was therefore unable to lodge the record of his intended appeal within the extended time.…

…He now has sought and obtained assistance from Kituo Cha Sheria which has agreed to prepare the notice and the record of appeal for him if time in respect thereof is extended.…

…To date the respondent has neither filed a record of appeal nor applied for extension of time within which to file the same.…

…....APPLICANTS AND GEOFFREY MBUGUA DEDAN....................................RESPONDENT R U L I N G This is an application brought under Rule 4 for the extension of time for the service of Notice of Appeal and the filing of…

…the record of appeal.…

…It is an application by Kaplan & Stratton, Advocates, for extension of time for lodging a Notice of Appeal and Memorandum and Record of Appeal.…

…The present application by way of a Notice of Motion was filed by the applicant on 25th April, 2000 seeking extension of time for lodging a fresh Notice of Appeal and Memorandum and Record of Appeal (substantive application…

…Unfortunately, that appeal was struck out by this Court on 15th February, 1996, as the record of appeal did not contain a certified copy of the order appealed against.…

…It also appears from a not very satisfactory record of appeal that proceedings to have the 1st respondent committed to civil jail for contempt were instituted at some stage and in consequence he was ordered by the Court to…

…bound by an earlier decision to hold that a procedural error on the part of an advocate (which would, of course, include that of his clerk) did not amount to sufficient reason for extending time to file the memorandum and record…

…of appeal, and that consequently the court had no jurisdiction to do so.…

…bound by an earlier decision to hold that a procedural error on the part of an advocate (which would, of course, include that of his clerk) did not amount to sufficient reason for extending time to file the memorandum and record…

…of appeal, and that consequently the court had no jurisdiction to do so.…

…There is an anomaly in the application in that it is shown to have been drawn by the appellant’s advocates presently on record for him, but the record of appeal clearly shows that they did not file their Notice of change…

…the suit but deferring such dismissal until the application for amendment was heard has already been struck out as that appeal was filed without a certified copy of the orders appealed against having been included in the record…

…of appeal.…

…I shall set out these headings, at this stage and I will endeavour to paraphrase the various events to which reference is made in the record of appeal in order to relate the submissions to them and also in an attempt to place…

…Mr Englehart submitted that if the various events to which he referred in the record of appeal and which were well documented, namely the gradual erosion of Mr Brahmbhatt’s position and shareholding; the strange use of the…

…Counsels for the Commission, in his submission submitted that the Commission was served with the notice of appeal and the record of appeal and that was the reason for his attendance.…