R U L I N G
The applicant, Driscoll Investments Limited, seeks orders in this application brought under rules 4 and 76 of the Rules of this Court as follows:
"1.That time be extended to a date to be fixed to allow the applicant to serve a copy of the notice of appeal filed by it in the superior court in the High Court Civil Case No. 1135 of 1998 on 8th May, 2000 on CMC Holdings Limited, Connaught House, Lusaka Road, Nairobi.
2.Alternatively the time for lodgment of this application for dispensing with the service of Notice of Appeal on CMC Holdings Limited be extended to the date hereof and that such service on CMC Holdings Limited be dispensed with.
3.That costs of this application be provided for." Mr. Inamdar who appears with Mr. Rao for the applicant gives reasons for non-service of the notice of appeal on CMC Holdings Limited as follows:
1.The applicant was not a party to the suit in the High Court and it was not aware of the execution proceedings against Dolphin Holdings Limited, by …