MIWANI SUGAR MILLS LIMITED & ANOTHER V. NAGENDRA SAXENA & 2 OTHERS

RULING OF THE COURT

Before us is an application expressed as brought under “Rule 80 of the Appeal Rules”. In this application the applicants Miwani Sugar Mills Limited and Miwani Sugar Company (1989) Limited (In Receivership) seek the following orders:-

“1. The record of appeal and the appeal filed herein on 4^th of December, 2008 be struck out with costs to the applicants.

2. Costs of this application be paid by the appellant.”

The application is brought on the following grounds:-

“(a) The record of appeal and the appeal have been filed out of time without leave of court.

(b) The record of appeal does not contain all the notes of the superior court.”

The application came up for hearing before us on 3^rd December, 2009 when Mr. D. Otieno appeared for the applicants. Mr. P. Nowrojee appeared for the 1^st respondent/appellant, Mr. R.B.O. Onsongo appeared for the 2^nd respondent while Mr. Zachariah Ngome appeared the 3^rd respondent.

In urging the application Mr. Otieno relied on his two suppor…