IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: BOSIRE, JA (IN CHAMBERS)
CIVIL APPLICATION NO. NAI.2 OF 2003
BETWEEN
NAFTALI RUTHI KINYUA T/A CITADEL FREIGHTERS ......... IST APPLICANT
PETER MWANGI MBUTHIA .................................................. 2ND APPLICANT
AND
KENYA COMMERCIAL BANK LTD .................................... IST RESPONDENT
DANIEL NYANGOYA AUMA ............................................. 2ND RESPONDENT
(Application for an order that the record of civil appeal
No.333 of 2002 already filed and served be accepted
and be deemed to have been properly filed and served
or for extension of time to file and serve record of
appeal from the ruling of the High Court of Kenya at
Nairobi Milimani Commercial Court (Justice Khamoni
J.) dated 21st May, 2001
in
H.C.C.C.NO.653 of 2001
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O R D E R
In view of the fact that the 2nd respondent was not personally served with a hearing notice for today's hearing and considering that counsel for the applicants while fully aware that Messr…