KINORO TEA FACTORY V. LAWRENCE GITONGA, JAMES MUTIRIA AND SYLVIA NJUE MUTIRIA

R U L I N G

Before me is an application by way of Notice of Motion brought under Rule 4 of the Court of Appeal Rules (the Rules) in which the applicant KINORO TEA FACTORY LIMITED seeks the following orders:-

“1. The time for lodging and serving the Notice of Appeal and Record of Appeal in the intended appeal from the Ruling and Order of the High Court of Kenya at Nairobi [the Hon. Lady Justice M. Ang’awa] dated 2^nd November, 2005 in HCCC No. 1153 of 2002 be extended.

2. The time within which the said Notice of Appeal and Record of Appeal are to be lodged and served be stated.

3. The costs of this Application be provided for.”

This application is brought on the following grounds:-

“a. the record of appeal filed by the applicant on 9^th June, 2006 was struck out on 1^st February, 2007.

b. The applicant had hitherto filed an application for extension of time being Civil Application No. Nai. 26 of 2007 dated 9^th February, 2007 which its lawyer had to withdraw on 23^rd May, 2007 when it came up for …