NYANA SAW MILLS V. KENYA COMMERCIAL FINANCE CO LTD

REPUBLIC OF KENYA Nyana Saw Mills v. Kenya Commercial Finance Co Ltd Court of Appeal, at Nairobi July 11, 1986 Platt Ag JA Civil Application No NAI 3 of 1986 July 11, 1986, Platt Ag JA delivered the following Ruling.

This is an application for extension of time to lodge the record of appeal and to serve the notice of appeal on the respondent.

The applicant, who is a layman and undertook to lodge his own appeal, had received judgment on December 17, 1985 and then, during the Christmas vacation lodged his notice of appeal on January 3, 1986. In doing so, he was within the time allowed because of the effect of rule 3(e) of the Court of Appeal Rules which allows the Christmas vacation to be excluded in computation of time. That period runs from December 21 to January 6. Therefore he had complied with rule 74(2) of the Rules. Unfortunately, he relied upon the court clerks to serve the notice on the respondent, or so he says. Service was never made and so by the 10th or perhaps the 13th Janua…