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…June, 1989 for several orders, namely, that the judgment entered against them ex parte on the 16th February, 1988 be set aside, that there be a stay of execution, that the defendants be granted leave to file their defence out…

…of time, that the defence annexed to their Chamber Summons be deemed to have been duly filed and lastly that the costs of this application be provided for.…

…That is because on 9th April, 1995, he filed in court a notice of intention to act in person, and on the next day he filed a notice of appeal, though filed out of time, indicating his intention to appeal against the decision…

…As I have said, it is an application for extension of time to file a Notice of Appeal, a Memorandum of Appeal and a Record of Appeal out of time made under rule 4 of the Rules of this Court.…

…Mr Etyang argued that the appellant is out of time by some eight years and that to give leave would be to strain the language of the Act a bit too far.…

…compliance with order IX B rule 1(1) where a defendant has appeared, he must be given reasonable notice of a formal proof in order that he may have an opportunity if he so desires either to defend or seek leave to file a defence out…

…of time.…

…As I have said, it is an application for extension of time to file a Notice of Appeal, a Memorandum of Appeal and a Record of Appeal out of time made under rule 4 of the Rules of this Court.…

…It was also a misrepresentation that the imported sugar was located at Mitchell Cotts, and that it would be in the country on 8th May, 2004 when in fact it arrived out of time on 2nd June, 2004.…

…The learned trial Judge erred in law and in fact in holding that the consignment of sugar arrived “hopelessly out of time” and “reasons for delay were unknown” when no such evidence was presented before him. 5.…