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….….RESPONDENT (Appeal from the Judgment and decree of the High Court of Kenya at Nairobi (Justice Githinji) dated 11th May, 1995 IN H. C. C. C.…

…APPELLANT AND KENYA NATIONAL TRADING CORPORATION .........RESPONDENT (Application for extension of time to file appeal in an intended appeal from a judgment and decree of the High Court of Kenya at Nairobi (Justice Githinji…

…appeal out of time, the first appeal filed by the applicant (Civil Appeal No. 91 of 1993), having been struck out by this Court on 25th October, 1995, because the record of appeal did not contain a certified copy of the decree…

…October, 1979 in the High Court Civil Case No. 575 of 1968 on the grounds that the applicant had previously filed Civil appeal No. 79 of 1985 which was struck out because the applicant did not include a certified copy of the decree…

…in the record of appeal; that the omission to include the order (sic) decree was a mistake on the part of his then advocate; and that as the applicant had fully entrusted the prosecution of the appeal in the ......... professional…

…October, 1979 in the High Court Civil Case No. 575 of 1968 on the grounds that the applicant had previously filed Civil appeal No. 79 of 1985 which was struck out because the applicant did not include a certified copy of the decree…

…in the record of appeal; that the omission to include the order (sic) decree was a mistake on the part of his then advocate; and that as the applicant had fully entrusted the prosecution of the appeal in the ......... professional…

…However, no further information about the progress of the case is available because it is evident from counsel’s submissions that the High Court file has been lost, and we are also informed that the decree, a vital document…

…It is true that the blame for the loss of the file cannot be attributed to the respondent, but he could at least have ensured that the decree was extracted and cooperated in the reconstruction of the file.…

…However, no further information about the progress of the case is available because it is evident from counsel’s submissions that the High Court file has been lost, and we are also informed that the decree, a vital document…

…It is true that the blame for the loss of the file cannot be attributed to the respondent, but he could at least have ensured that the decree was extracted and cooperated in the reconstruction of the file.…

…Although this was the most important order made by the judge and against which much of the appellants counsel’s firepower has been directed, for some reason, it was not included in the formal decree.…