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…In the first, the applicant Lydia Wanjiru Mwangi seeks an extension of time to lodge the record of appeal out of time.…

…It would then not have been out of time in all probability. But the proceedings were received on August 28, 1987 and sent back for correction. They were finally received on September 7, 1987.…

…In paragraph 3 of the replying affidavit Mr Wanyonyi swears on behalf of the defendant that:- “That, the defendant hereof (sic) has filed an application for reference to be filed out of time and the said application has not…

…What appears to be pending before the Tribunal is an application by way of notice of motion under sections 6(1) and 9(3) of the Act for leave to file a reference to the Tribunal out of time.…

…Consequently it is my view that the advocate, whoever he was, fully addressed his mind to the issue of limitation but nonetheless consented to the plaintiff coming on record out of time.…