PN MASHRU LTD V. MARK OMOLLO AGENG', KISYA INVESTMENT LTD, WASHINGTON PAUL OKEYO & DANIEL KIOKO KAHINDI

R U L I N G

This ruling arises from the application under rules 4 and 76, dated 27th June, 2005 and lodged on 29th June, 2005.

The applicant is P. N. Mashru Ltd. It is the appellant in Civil Appeal No. 118 of 2005 and is represented by T.T. Tiego of Shah and Parekh Advocates who appeared before me at the hearing of the application.

There are 4 respondents to the application and the appeal being Mark Omolo Ageng’, Kisya Investments Ltd, Washington Paulo Okeyo and Daniel Kioko Kahindi the 4th Respondent.

The Motion seeks orders that:-

1. That this Honourable Court do extend time within which this application should have been filed.

2. That service of the Notice of Appeal and Record of Appeal upon the 4th Respondent be dispensed with.

3. That costs of this application to be in the main Appeal.

The principal ground for the granting of the application is stated to be that the appellants have just realized while preparing the record of appeal that the 4th Respondent either by himself or through hi…