RAFIKI ENTERPRISES LIMITED V. AFRISON EXPORT IMPORT LIMITED & NAIROBI CITY COUNCIL

RULING

I have before me an application by way of a Notice of Motion dated 22^nd August, 2008, and brought under Rule 4 of the Court of Appeal Rules in which the applicant Messrs Rafiki Enterprises Ltd is seeking the following orders:-

“1 (a) Time for service of the Notice of Appeal dated 24^th July, 2008 and filed on 28^th July 2008 be extended to include up-to and until 7^th August, 2008 and the Notice be deemed to have been properly served.

(b) In the alternative the applicant be granted leave to serve the Notice of Appeal out of time.

2. (a) The Record of Appeal in Civil Appeal No 174 of 2008, Rafiki Enterprises Ltd –vs- Afrison Export Import Limited and Nairobi City Council be deemed to have been properly filed.

(b) In the alternative, the applicant be granted leave to serve the Record of Appeal in Civil Appeal No.1740 of 2008, Rafiki Enterprises –vs- Afrison Export Import Limited and Nairobi City Council out of time.

3. The costs of and incidental to the application abide the result of the…