JOGINDER AUTO SERVICE LTD. V. MOHAMMED SHAFFIQUE & MOHAMMED PARVEZ SARIOYA

RULING

Yet once again there is before me a motion on notice expressed to be brought under rule 4 of the Court of Appeal Rules (the Rules) by Mr. K'Owade for orders that the time for the filing of the notice of appeal and the record of appeal be extended.

The intended appeal is by the unsuccessful defendant in the superior court in which judgment was entered on 28 May 1999 whereby Moijo Ole Keiwua, J., (as he then was) ordered the defendant to pay to the plaintiffs the sum of K.Shs.3,110,000/= and interest and costs. An appeal from that judgment being Civil Appeal No. 221 of 1999 was on 7 June 2000 struck out as being incompetent as:-

(i)the record of appeal did not contain a certified copy of the decree;

(ii)page 10 of the proceedings being part of the trial judge's notes was omitted; and

(iii) a party joined in the superior court as Second Plaintiff was not named as one of the respondents in the notice of appeal and/or record of appeal.

There is a supporting affidavit in which the mistake …