FRANCIS MUTERU & COCA COLA BOTTLING COMPANY V. S.E. ANJARWALLA

RULING:

The applicants' application for extension of time within which to file the Notice of Appeal and the record of Appeal came up for hearing on 2nd December, 1996. That date had been taken by consent of parties on 13th September, 1996. But on the date of hearing the applicants' application, there was no appearance for the applicants with the result that their application for extension of time as is referred to above was dismissed under rule 55(1) of the Rules of this Court. Against that dismissal, the applicants now seek to reinstate their dismissed application under rule 55(3) of the Rules of this Court. Under the foregoing sub-rule, the applicants are required to show that they were prevented by sufficient cause from appearing when their application now being sought to be restored was called on for hearing.

According to counsel now appearing for the applicants the reason for the applicants' inability to appear and prosecute their application on 2nd December, 1996 was that counse…