HABO AGENCIES LIMITED V. WILFRED ODHIAMBO MUSINGO

RULING

The matter before me is a notice of motion filed on 10^th June 2014 by M/S Habo Agencies Ltd (Habo) seeking an order under Rule 4 of the court’s Rules:

“THAT the time for lodging an application for restoration of the appeal herein under the proviso to sub-rule (1) of Rule 102 of the Court of Appeal Rules be extended to 10^th June, 2014.”

The application mentioned in that motion for restoration of the appeal was also filed on the same day under Rule 102(1) of the Court’s Rules and is pending hearing depending on the outcome of the motion before me.

A short background to the motion is pertinent.

Since November 2000, which is now about 14 years ago, Habo has been attempting to file its defence to a suit filed against it by Mr. Wilfred Odhiambo Musingo (Wilfred). In his suit filed on 17^th November 2000, Wilfred averred that he agreed with Habo, a clearing and forwarding company based in Mombasa, to clear a motor vehicle which he had imported in 1996 from United Arab Emirates at a total co…