SOMKEN PETROLEUM COMPANY LIMITED V. NATIONAL OIL CORPORATION OF KENYALIMITED & 3 OTHERS

 R U L I N G

The notice of motion dated 9^th August, 2011 and filed on 4^th October, 2011 is pronounced to be based on Rules 4 and 77 of the Court of Appeal Rules. The applicant seeks the following orders:-

“1. The time for filing this application be extended and the application be deemed as properly filed.

2. The time for service of the notice of appeal on the first and fourth respondents be extended to 22^nd July, 2011 and 28^th July, 2011 respectively and the said notice of appeal be deemed as properly served within time.

3. Service of the notice of appeal and the record of appeal need not be effected on Julia Mutumbi and Fabian Lijoodi, being persons who did not take part in the proceedings in the Superior Court.

4. In the alternative this court do give directions that service of the notice of appeal and the record of appeal be effected upon Julia Mutumbi and Fabian Lijoodi through post at their given postal address of P.O. Box 534, Kakamega.

5. Costs of this application do abide the appeal…