COMMISSIONER OF CUSTOMS & EXCISE V. KAAYA ENTERPRISES LIMITED, KENYA PORTS AUTHORITY, EVERGREEN SHIPPING LINE & UNICOM LIMITED

RULING

1. In a judgement delivered by the High Court at Mombasa on 29^th May 2019, the applicant, Commissioner of Customs and Excise, was adjudged to pay an amount of US dollars 40,000 to the 1^st respondent. Intending to appeal against that judgement, it filed the present application dated 26^th of June 2019. It is brought under Rule 4 of the Court of Appeal Rules and seeks orders that time be extended within which to file a notice of appeal and within which to file and serve the record of appeal.

2. The application was canvassed before me on 4^th December 2019. The parties were represented by learned counsel. Mr. Kirugi appeared for the applicant. Mr. Martin Tindi for the 1^st respondent and Mr. Stephen Kyandili for the 2^nd respondent. Although Mrs. Kisia appeared for the 3^rd respondent, she did not take a position on the application.

3. In support of the application, Mr. Kirugi swore an affidavit on 26^th June 2019 explaining that the main reason for seeking extension of time is that the ap…