REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: LAKHA, J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. NAI. 74 OF 1996
BETWEEN
B.R. AGGARWAL (Suing in his capacity as executor of Late Lekray Aggrwal ........................ APPLICANT
AND
MUNSHIRAM and COMPANY LTD. ............................... RESPONDENT
(Application for leave to institute appeal out of time from a
judgment and decree of the High Court of Kenya at Nairobi
(Justice Pall) dated 17th October, 1990
in
H.C.C.C. NO. 1804 OF 1985)
R U L I N G
On February 15, 1996 this Court struck out the applicant's Civil Appeal No. 59 of 1991 as being incompetent since a copy of the decree included in the record was not certified. It was an appeal from the judgment of the superior court (Pall, J., as he then was) delivered on October 17, 1990. The time, however, to file a fresh record of appeal had expired. Hence the present application for enlargement of time to file the record of appeal.
Mr. Sehmi for the respondent, in a brief but attracti…