NIFREDA MUDOLA V. VIHIGA MILLERS & HIGHES

RULING

By this application brought on 4th February, 1998 under rules 4, and 53(3) and (4) of the Rules of this Court VIHIGA MILLERS and HIGHES LTD. (the applicant) has sought the following orders:-

(a)That the Court be pleased to extend time limited by the Rules for the filing of an application to restore the application dated 11th April, 1994 for interparte hearing and

(b)The said application when restored should be heard on merits.

Two material grounds upon which this application has been made are that (a) for reasons unknown to the applicant, its advocates m/s Khamati Minishi and Co. (the advocates) failed or neglected to appear before the Court on 8th February, 1995 to oppose the aforesaid application of 11th April, 1994 which was to strike out the notice of appeal. Consequently the application was heard exparte and the notice of appeal was struck out with costs and (b) for reasons unknown to the applicant the said advocates although duly instructed by the applicant to file an appeal …