R U L I N G
This application by way of notice of motion dated 25th July, 2005 is brought pursuant to rules 4, 42 and 43 of the Court of Appeal Rules (the “Rules”). It is seeking two orders which are that:
“1. The period for filing and serving the Notice of Appeal and Record of Appeal against the decision of Hon. Justice J.L.A Osiemo delivered on 3.4.03 in Nairobi – Milimani Winding Up Cause No. 35 of 2002 – in the matter of Kissi Petroleum Products Ltd, be extended so that the Notice of Appeal filed herein and dated 10.4.03 and the Record of Appeal filed herein and lodged on 26.6.03 are deemed to have been properly filed and served.
2. Costs of this application be in the appeal.”
The circumstances giving rise to this application as are revealed by the record are briefly that in a plaint filed in court on 11th December, 2002, the respondent in this application, Kobil Petroleum Limited claimed Ksh.154,148,401.29 from the applicant in this application, Kissi Petroleum Products Limited. The a…