NYAIGWA FARMERS' CO-OPERATIVE SOCIETY LIMITED V. IBRAHIM NYAMBARE, JEREMIAH MATARA, JAMES MOGAKA MABUKA & GESORA AKAMA SAMSON

RULING

1. This is an application for extension of time to file and serve a notice and record of appeal out of time. The ruling sought to be appealed from was delivered on 24^th April, 2015. The application was brought under sections 3 and 3A of the Appellate Jurisdiction Act and rules 4, 41, 42 (1) and 43 (1) of the Court of Appeal Rules.

2. The affidavit in support of the application was sworn by Senteu Marianyi Eliud, an advocate in the firm of M/s. Migos Ogamba and Company Advocates, who are on record for the applicant. He deposed, inter alia, that the ruling in respect of the respondents’ application to strike out the suit against them was scheduled to be delivered on notice but the trial court delivered the ruling on 24^th April, 2015 without any notice to the applicant. The suit was struck out.

3. When the applicant’s advocates learnt of the ruling, they filed an application for leave to appeal against the ruling. The application was filed on 12^th May, 2015. When it came up for heari…