RUAHA CONCRETE COMPANY LIMITED V. MIDDLE EAST BANK KENYA LIMITED

RULING OF THE COURT

This is a reference to the Court from the decision of the learned single Judge of this Court (Gicheru J.A as he then was) delivered on 24th May, 2002. The learned single Judge exercised his discretion under rule 4 of this Court's Rules by extending the time in which a notice of appeal and record of appeal were to be filed. In doing so the learned single Judge expressed himself thus:

" ... I cannot say that the applicant's intended appeal is frivolous and since in the circumstances of this application I do not consider as inordinate the 16 days delay in lodging this application, I would exercise my discretion under rule 4 of the Rules in favour of the applicant. In the result the applicant's application is granted so that the time for lodging the notice of appeal is extended by 7 days from today's date and the time for lodging the record of appeal is extended by 15 days from the date of lodging the notice of appeal. The costs occasioned by this application assessed at…