1. JOHN KIBOGY 2. JONATHAN L. KIBOGY vs 1. PRUDENTIAL FINANCE CO. LIMITED 2. CAPITAL AUCTIONEERS 3. KAMAU [1999] KECA 32 (KLR)

REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAKURU (CORAM: TUNOI, J.A. (IN CHAMBERS) CIVIL APPLICATION NO. NAI. 159 OF 1999

BETWEEN

1. JOHN KIBOGY

2. JONATHAN L. KIBOGY................................APPLICANTS

AND

1. PRUDENTIAL FINANCE CO. LIMITED

2. CAPITAL AUCTIONEERS

3. KAMAU............................................RESPONDENTS

(An application for Extension of time to file an Appeal from a Judgment of the High Court of Kenya at Eldoret (Lady Justice Nambuye) dated 11th November, 1997

in

H.C.C.C. NO. 156 OF 1991)

**************** R U L I N G

The respondents are absent though they were duly served with this application and formally notified of the hearing date by the Court. There is no explanation for their absence. Thus, the application is not opposed. The delay in lodging this application after the appeal was struck out on 26th February, 1999, has been explained to my satisfaction. I exercisemy discretion in favour of the applicants and grant the application as prayed. The applicants are granted leave to appeal out of time. They shall file the Notice of Appeal within seven (7) days hereof and lodge the record of appeal within 21 days thereafter. Costs of this application shall abide the results of the intended appeal.

Made at Nakuru this 22nd day of September, 1999.

P. K. TUNOI

-------------------

JUDGE OF APPEAL

I certify that this is a true copy of the original.

DEPUTY REGISTRAR