EAST AFRICAN ROAD SERVICES V. NYANJUI

East African Road Services v. Nyanjui

Court of Appeal, at Nairobi

July 26, 1985

Platt Ag JA

Civil Application No NAI 62 of 1985

From an order of the High Court Civil Case No 2887 of 1981 Court of Appeal Rules - extension of time to lodge record of appeal – rule 4 Court of Appeal Rules – decree – whose responsibility is it to draw – delay in sealing by court – effect of – Court of Appeal rules – supplementary record of appeal – what can be included – rule 8(1) Court of Appeal Rules – certificate of delay – function of – delay – factors to consider on application to extend time.

The applicant, an unsuccessful plaintiff, intended to file an appeal to the Court of Appeal. A notice of appeal was file don time. That is to say on February 27, 1984, judgment having been delivered on February 15, 1984.

The proceedings were not ready on time prompting the advocate to apply for a certificate f delay.

However it transpire that by the time the proceedings were ready for collection the intended appellant’s…