MICHAEL HUBERT KLOSS & BAYERF EAST AFRICA LTD V. DAVID SERONEY,PERIS CHEPKOECH,CHRISTINE CHEPKORIR SERONOEY,FLORENCE CHEPCHIRCHIR,ZIPPORAH JEBICHI SERONEY & ROSE JEMUTAI SERONEY

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 in which the applicants Michael Hubert Kloss and Bayer East Africa Limited (the applicants) are seeking the following orders:

“ (1) An order that the time for filing the notice of appeal and the Record of Appeal in an intended Appeal from a judgment and decree of the High Court of Kenya at Eldoret (Nambuye J) delivered on 2nd March, 2004 be enlarged by thirty (30) days from the date of this order;

(2) And for an order that the costs of and incidental to this application be in the cause,”

The application is supported by a long and detailed affidavit running into 22 paragraphs sworn by Mohamed Munir Chaudhri.

The gist of this application is that the applicants and their advocates were not aware of the date when the judgment of the superior court was delivered. To support that contention there are copies of the many letters written by the applicants’ advocates annexed to Mr. Ch…