NZOIA SUGAR CO LTD V. COLLINS FUNGUTUTU

RULING

On December 2, 1986 this application was presented in Kisumu. It was seriously contested that Mr Minishi did not have authority to bring the application and further if he did, then the prejudice to the respondent must be considered. I allowed both parties to file further affidavits for further hearing on December 5, 1986. It was to take the place of a hearing by theFull Bench, which no longer needed to be heard for stay of execution. The parties were not ready by that date, and the hearing was adjourned to December 15, 1986 in Nairobi. On that day Mr Okwaro appeared for Mr Nakhone but Mr Okwach was involved in the Insurance Commission. I have decided to deal with the matter on the affidavits as they appear on the record now.

The problem in this application is the relation between Nairobi advocates and their colleagues in the rural areas. The application is for leave to lodge notice of appeal and record of appeal out of time. It was brought by Mr Minishi on August 4, 1986. Mr Mini…