Mumias Sugar Company Limited v. Synergy Industrial Credit Limited & Ntulele Estate Limited

IN THE COURT OF APPEAL

AT NAIROBI

CORAM: MURGOR J.A. (IN CHAMBERS)

CIVIL APPEAL (APPLICATION) NO. 93A OF 2014 (UR 76/14)

BETWEEN

MUMIAS SUGAR COMPANY LIMITED......................APPLICANT

AND

SYNERGY INDUSTRIAL CREDIT LIMITED.......1^ST RESPONDENT

NTULELE ESTATE LIMITED.........................2^ND RESPONDENT

(Application for extension of time to file and serve Record of Appeal out of time

from the judgment of the High Court (Ogolla, J) dated 13^th December 2011,

in

H.C.C.C. No. 196 of 2006)

***********

R U L I N G

This application relates to a Notice of Motion dated 25^th April 2014 seeking orders for extension of time to be granted under Rule 4 of the Court of Appeal Rules 2010 within which to lodge a memorandum and record of appeal against a ruling of Ogolla J, delivered on 13^th December 2011 which ruling dismissed the applicant’s application dated 9^th September 2011.

The applicant has advanced seven grounds supported by the sworn affidavit of Brian Otieno dated 25th April 2014, and a further affida…