SAMEER JETHWA V. FRANCESCO DI JETHWA & SACHA FRANCESCA

R U L I N G

In this application filed by way of Notice of Motion on 23rd day of January, 2003 under the provisions of Rule 4 of the Rules of this Court, the applicant, Sameer Jethwa, seeks orders that the time within which to file and serve on the respondents a Notice of appeal and letter applying for a certified copy of the judgment in H.C.C.C No. 681 of 1997, delivered on 28th day of November, 2002 by Ang'awa, J. and typed copies of the proceedings in the same case be extended.

Secondly, that a Notice of appeal filed on 5th December, 2002 and served on the respondents' advocate on 9th December, 2002 and the letter addressed to the Registrar dated 2nd December, 2002 and served on the respondents' advocate on 11th December, 2002 be expunged from the record.

The ground upon which the application is sought is that although the applicant filed a Notice of appeal and served the same as well as requested the Registrar for the typed copies of the proceedings and certified copy of the judgment …