JOHN GITAU KAROGO & ANOTHER V. PAUL KHAEMBA

REPUBLIC OF KENYA

IN THE COURT OF APPEAL

AT NAKURU CORAM: SHAH, J.A. (IN CHAMBERS) CIVIL APPLICATION NO. NAI 359 OF 2001 BETWEEN

JOHN GITAU KAROGO

ANWARALI BROTHERS LIMITED ..............APPLICANTS

AND

PAUL KHAEMBA .......................................... RESPONDENT

(An application for extension of time to validate the

notice of appeal lodged out of time against a

judgment of the High Court of Kenya at Eldoret

(Nambuye J) dated 6th August, 2001

in

ELD. H.C.C.C. NO. R 13 OF 1999)

************************

R U L I N G

The respondent, though served with the hearing notice for to-day's hearing, is not here. The application before me, as amended, is to validate a notice of appeal lodged by the applicants, some eight days out of time. It does appear that the judgment sought to be appealed against was not delivered on the date notified for such delivery, that is 3rd August, 2001. In the absence of a replying affidavit by or on behalf of the respondent, I have no reason to believe that the applicants' advo…