MACWATT ESTATES LIMITED V. MBWANJI LIMITED

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: O'KUBASU, J.A. (IN CHAMBERS)

CIVIL APPLICATION NO. NAI. 247 OF 2000

BETWEEN

MACWATT ESTATES LIMITED ................................................ APPLICANT

AND

MBWANJI LIMITED ............................................................... RESPONDENT

(An application for extension of time to file Notice of Appeal and Record of Appeal out of time in an intended Appeal from the Judgment and Decree of the High Court of Kenya at Nairobi (Justice Mbogholi) dated 31st July, 1998

in

H.C.C.C. NO. 2971 OF 1991)

*********

R U L I N G

This is an application by way of Notice of Motion brought under Rule 4 of the Court of Appeal Rules. The applicant seeks an order for leave to file a Notice of Appeal and Record of Appeal out of time. The application is brought on the grounds that:

"1.The Applicant's appeal herein Civil Appeal No. 260 of 1999 MACWATT ESTATES LIMITED v. MBWANJI LIMITED was struck out on the 25th July, 2000 on the grounds that some Exhibits which were …