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…APPLICANT AND THUO KAMAU DAVID NJUGUNA THUO .................................RESPONDENTS (Application for extension of time to file an appeal from a judgment of the High Court of Kenya at Nairobi (Justice Mbito) dated 6th…

…NO. 627 OF 1987(OS)) ******************** RULING This is an application for extension of time to file an intended appeal against the judgment of the superior court (Mbito J) dated 6th June, 1991.…

…NO. 269 OF 1989) O R D E R This is an application under rule 4 of the Rules of this Court for an extension of time to file a notice of appeal.…

…The applicant has obtained extension of time to lodge a new appeal and has filed a fresh notice of appeal on the basis of which it has now made the present application.…

…Mr Gatonye summed up that the appellant was ready and willing to give extension of time although purchasers did not ask for it.…

…Be that as it may, the position as on the completion date and a further 5 days extension of time was that the respondents had not obtained the balance of the purchase price and there was no mortgage or professional undertaking…

…This was not done and the appellant sought leave of the superior court for extension of the time to enable him to file the intended suit out of time.…

…While it is clear that applications for leave of the superior court for extension of time under section 27 and 28 of the Act should be made ex parte, it is not so clear as to whether an appeal from the decision of the superior…

…Keiwua said that looking at the minutes of the creditors meeting of April 18, 1990, the time for filing a scheme of arrangement expired on April 25, 1990 so that as at May 3, 1990 the appellant had lost his opportunity of…

…extension of time to file a scheme of arrangement.…