IN THE COURT OF APPEAL
AT KISUMU
(Coram: Hancox, J A (In Chambers)) CIVIL APPLICATION NO NAI 27 OF 1984 (In the matter of an intended appeal)
BETWEEN
THOMAS OCHIENG’.........................................................APPELLANT
AND
RANMAL MERAG LTD....................................................RESPONDENT
(Application for extension of time to file an intended appeal from a judgment and decree of the High Court of Kenya at Kisumu (Schofield, J) dated 26th January, 1984 In
Civil Case No 196 of 1979) __________________
JUDGMENT
This is an application for that which is described in the Notice of Motion headed as being under Rule 42 of this Court’s Rules (Cap 9) for leave to file the intended appeal out of time. I take this to refer to the institution of the appeal under Rule 81(1), that the application is made under rule 4, as it now stands, and that the reference to the general enabling Rule as to the manner of bringing the application before the Court is surplusage. In all applications, t…