JOHN GAKURE & 148 OTHERS V. DAWA PHARMACEUTICAL CO. LTD. & 7 OTHERS

IN THE COURT OF APPEAL

AT NAIROBI

CIVIL APPLICATION NO. 299 OF 2007

JOHN GAKURE and 148 OTHERS...............................................APPLICANTS

AND

DAWA PHARMACEUTICAL CO. LTD. and 7 OTHERS..............RESPONDENTS

(Application seeking for restoration of the application for extension of time to lodge and serve Record of

Appeal against the Ruling and order of the High Court of Kenya at Nairobi (Nyamu, J) dated 2^nd March, 2007

In

H.C.C.C. No. 1612 of 2005)

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RULING

On the 13^th December, 2008, a notice of motion under rule 4 of the rules of this Court (the rules), dated 3^rd December, 2007, was placed before me for hearing and determination. Before me on that day were five Advocates of the High Court, instructed and served with hearing notices to appear for various respondents in the matter. But none of the applicants or their counsel on record made any appearance and there was no explanation about their whereabouts despite proof that the hearing notice was served on cou…