MWANIKI NJOROGE KAMAU & JOSIAH KIMEMIA V. LEE SHEH PONG

RULING

In this application the applicants have sought extension of time within which to lodge and serve the Notice of Appeal. They also seek extension of time within which to serve the latter applying for a copy of the proceedings in the superior court upon the respondent.

The applicants' original Notice of Appeal was, according to counsel for the applicants, struck out by this Court on 27th April, 1998 for the reason that it was lodged one day outside the prescribed period. That delay, according to counsel, was due to the failure by the registrar of the superior court to endorse and indicate the date of lodgement of the said Notice of Appeal. Also, according to counsel, the letter applying for a copy of the proceedings in the superior court dated 21st May, 1997 and copied to counsel for the respondent was inadvertently not served upon the latter counsel. It is on account of these lapses which, according to counsel for the applicants, are not to be blamed on the applicants that the latt…