THE REGISTERED TRUSTEES OF MOMBASA V. MUSHIN ABDULKARIM ALI

R U L I N G

On 30 July, 1999, the plaintiff filed an application before a single Judge of this Court seeking an order for an extension of time to lodge and serve a copy of the requisite notice of appeal against the decision of the superior court (Lady Justice Ang'awa) delivered on 15 October, 1997 and for an extension of time to lodge and serve the requisite record of appeal. This application was certified by the Honourable the Chief Justice as urgent and was set down by him for hearing on 24 January, 2000 before me.

Before the hearing, the advocate for the applicant on 22 December, 1999 filed (without leave) an amended application and titled it as a DRAFT OF PROPOSED AMENDED NOTICE OF MOTION.

On 21 January, 2000, Mr. Kimani, advocate for the respondent filed a replying affidavit and at the hearing it was agreed that the advocates should first argue whether the proposed amendment should be granted and then consider the merits of the application for extension of time. I heard full argumen…