RULING
By this application expressed to be brought under rules 4, 42 and 81 of the Rules of this Court (the Rules) Yashvin A. Shretta, the applicant, seeks an extension of time to file and serve a notice of appeal and a record of appeal out of time from the ruling and order of the superior court (Ole-Keiwua, J.) dated the 31st July, 1998 in High Court Winding-up Cause No. 28 of 1996 in which the applicant who holds 10% of the shares allotted in Leisure Lodges Ltd (the Company) has petitioned for its winding up.
The applicant's notice of appeal from that decision and dated the 4th August, 1998 was struck out by the Court in Civil Application No. NAI. 39 of 1999 as there was a failure on the part of the applicant to serve the notice of appeal on all interested parties in the matter.
Dr. Kuria, counsel for the applicant, contended that the failure to do so was occasioned by a misinterpretation on the part of the applicant's then counsel, of rule 76 of the Rules and by following the preceden…