OCEANFREIGHT TRANSPORT CO. LTD V. PURITY GATHONI GITHAE & SAMUEL KAMAU MACHARIA

 RULING

This is an application under Rule 4 of the Court of Appeal Rules (the Rules) for extension of time for filing and serving an application under Rule 84 of the Rules for striking out the record of appeal.

Oceanfreight Transport Co. Ltd, the applicant herein, and the respondent in the main appeal, filed a suit in the High Court by way of a plaint dated 23^rd July, 1991 against the respondents, claiming refund of a deposit of Kshs.500,000/= paid by it to the respondents.

In a Judgment delivered on 23^rd October, 2001, the High Court (Rawal, J.) found for the applicant, and awarded it the said sum. Aggrieved by that decision, the respondents filed a notice of appeal on 29^th October, 2001. However, the record of appeal was filed on 6^th May, 2011, some ten years later. It is that appeal that the applicant herein wants struck out for having been filed out of time.

Under Rule 84 of the Rules an application to strike out a notice of appeal or appeal should not be brought after the expiry of …