YUMNA M. ALI, GADDAFI M. ALI, HABIBA ALI & MARIAM M. ALI (SUING THRO' MOTHER AND NEXT FRIEND KHADHIRAU ISAA OMAR) V. MUHIDINI ALI & SAUD VAVO

RULING

Before me is a motion on Notice dated 3rd April, 2013. It is expressed to be brought pursuant to rule 1(2) of the Court of Appeal Rules and all other enabling provisions of the law. Ideally the application ought to have been mounted under rule 4 of this Court's rules as opposed to rule 1(2). The latter rule merely deals with the inherent powers of this Court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court. Not that this rule is completely out of context though. It is still helpful, in cases however where there is no specific rule of this Court addressing the concerns of a party in a matter before it. In other words, if and where there is a lacunae in the rules to cover a situation, rule 2 will come in handy. However, Rule 4 is clear and specific. It deals with extension of time and this is precisely what the applicants are seeking in the instant application. However, I cannot begrudge the applicants as they filed th…