SULTAN HASHAM LALJI V. DIAMOND HASHAM LALJI, TRIO HOLDINGS & PROPINVEST LIMITED

RULING

Before me is a notice of motion brought under Rule 4 of the Court of Appeal Rules (CAR), dated 26^th July, 2017 and filed on the 1^st day of August 2017. It seeks prayers as follows:

“(a) The time limited to file and serve the record of appeal herein be extended.

(b) The record of appeal lodged on 7^th June 2017 and served upon counsel for the respondents be deemed as having been filed and served within the extended period.

(c) Costs for and incidental to this motion be in the appeal.”

It has been supported by grounds in its body, a supporting affidavit together with annexures thereto. It has been opposed by a replying affidavit deposed by Maurice Otieno Omuga on 27^th September, 2017 on behalf of the 1^st respondent together with annexures thereto, and another deposed by Felix Ng’ang’a Karanja on 12^th September, 2017 on behalf of the 3^rd respondent together with annexures thereto.

It was canvassed by way of written submissions adopted by learned counsel for the respective parties and ora…