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…....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…

…On February 12, 1974, when replying to the defendant’s letter of 4th February, which is not included in the record of appeal, the plaintiff’s advocate wrote that the saw was damaged while it was being used by the defendant…

…On February 12, 1974, when replying to the defendant’s letter of 4th February, which is not included in the record of appeal, the plaintiff’s advocate wrote that the saw was damaged while it was being used by the defendant…

…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.…

…It is not an issue which this court can decide, as the proposed mortgage has not been included in the record of appeal; but it is apparently referred to in paragraph 6 of the appellants affidavit ( filed on February 4, 1986…

…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.…

…Page 11 of the record of appeal shows Caltex Oil (Kenya) Ltd’s invoice indicating a sale on 20th September, 1988 of an amount of 5,478.55 m/ton. to SOSCO. SOSCO is shown to have received the fuel oil. 47.…