STANLEY KAHORO MWANGI, TIMOTHY NJOROGE & JOSEPH MWANGI (SUING ON THEIR OWN BEHALF AND ON BEHALF OF TWENDANE COMPANY LIMITED) V. KANYAMWI TRADING COMPANY LIMITED

RULING

This is an application by way of Notice of Motion application dated 9^th

October, 2014, brought pursuant to Rules 42 and 43(1) Rules 82 and 4 of the Court of Appeal Rules (the Rules) and Section 3A of the Civil Procedure Act. The applicant seeks the following orders:

“1. ...

2. The Honourable Court be pleased to grant the applicant leave to file its Memorandum and Record of Appeal out of the stipulated time.

3. The notice of Appeal dated 18^th July, 2014 and lodged at the High Court Registry on the 21^st July, 2014 be deemed as duly filed.

4. The costs of the application be provided for.”

The grounds upon which it relies on in support of its application are that being dissatisfied with the ruling of the High Court, [Waithaka, J] dated 20^th June, 2014 the applicants filed a notice of appeal dated 18^th July, 2014; that the said notice of appeal was filed after the stipulated fourteen [14] days’ period; that the applicants through their advocates made an application to be supplied with a…