R U L I N G
Two applicants, Samken Limited and Abercrombie and Kent Limited, have moved this Court by way of Notice of motion lodged in court on 26th January, 1999, seeking extension of time to lodge a record of appeal out of time.
It becomes necessary to go into the history of the matter. The applicants were defendants in the superior court. Their co-defendant was the second respondent here. The plaintiff in the superior court is the first respondent here.
On 27th November, 1997 the superior court (Ringera, J) entered judgment for the plaintiff against the defendants in a sum of Kshs.27,000,000/= approximately plus costs and ordered that the first and second applicants were to pay 30% thereof to the first respondent and that the second respondent was to pay 70% thereof to her.
All the defendants in the superior court were dissatisfied with the whole of the judgment and lodged, in time, notice of appeal against the judgment and decree. They also applied for, in time, copies of proceedingsā¦