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SAMAKI INDUSTRIES (NAIROBI) LIMITED v. SAMAKI INDUSTRIES (K) LIMITED

(1997) JELR 94886 (CA)

Court of Appeal  •  civil appl no. nai. 260 of 96  •  27 Feb 1997  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Gurbachan Singh Pall, Akilano Molade Akiwumi

Judgement

RULING OF THE COURT

There is no merit in this reference and it must fail. A single judge of the court was asked under Rule 4 of the Court's Rules to exercise his unfettered discretion under that rule and enlarge for the applicant, Samaki Industries (Nairobi) Ltd., the time within which to lodge its notice of appeal and record of appeal from the decree of the High Court at Mombasa made on the 15th February, 1993. The applicant had lodged two previous appeals against that decision but the first appeal was struck out on the ground that it was filed by a person not qualified to practise as an advocate. The applicant thereafter obtained extension of time to file another appeal but that appeal too suffered the fate of the first one due to some other technical problem. The applicant then came to the court a second time seeking further extension. Shah, J.A. granted the extension sought and the respondent, Samaki Industries (Kenya) Ltd, now comes before us with this reference under Rule 54 (1)(…

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