RULING OF THE COURT
ON REFENCE TO FULL COURTPeterson Mbogori and Kipanga Mbogori, the applicants, by their advocate Mr Mbogholi- Msagha, have referred to the full court their application,by motion on notice of July 19, 1983, for the time in which to lodge a notice of appeal to be extended, which was rejected by a single judge of the court (Chesoni, Ag JA) on July 26, 1983.
They wished to appeal from a decision of the High Court (Bhandari J) in Mombasa on February 18, 1983. They had 14 days within which to lodge their notice of appeal, so they had to take this step by March 6 that year.
The litigation between these parties, so far, begins with a plaint filed on September 27, 1982, by Farhat T Alliwalla, the respondent landlady, against the appellants whom she describes as ‘Mombasa businessmen’. She owns a building at Mwembe Tayari and by that date, the applicants had unlawfully taken possession of its ground floor in which they ran a business called the Upcountry Bar and Restaurant. She a…