JAYANT KUMAR VRAJLAL SHAH & MRS. SHIKSHA DEVIDAS vs MIDCO HOLDINGS (E.A) LIMITED & SUMMIT TEXTILES LIMITED [2000] KECA 410 (KLR)

REPUBLIC OF KENYA

IN THE COURT OF APPEAL AT NAIROBI CORAM: KWACH, J.A. (IN CHAMBERS) CIVIL APPLICATION NO. NAI. 289 OF 1999 BETWEEN

JAYANT KUMAR VRAJLAL SHAH MRS. SHIKSHA DEVIDAS ...............................APPLICANTS AND MIDCO HOLDINGS (E.A) LIMITED SUMMIT TEXTILES LIMITED ...........................RESPONDENTS(An Application for extension of time to file Notice and Record of Appeal from a Ruling and Order of the High Court at Nairobi (Hon. Justice Mulwa) dated 2nd February, 1999 in H.C.W.C. NO. 51 & 52 OF1998) ***************** R U L I N G

This is an application under rule 4 of the Court of Appeal Rules for extension of time to file a Notice of Appeal and a Record of Appeal . The decision against which the applicants wish to appeal was given by Kasanga Mulwa J on 2nd February, 1999. Appeals filed by applicants in this Court to contest that decision were struck out on 4th October, 1999 as incompetent. This application was filed promptly on 14th October, 1999.

In my view the applicants are entitled to the orders they seek as the application was brought without delay and no ground has been urged to disentitle them to my discretion. Accordingly, I allow the application and extend the time for filing a Notice of Appeal by 14 days from today, and for lodging the Record of Appeal by 15 days from the date of filing the Notice of Appeal. Costs assessed at Shs 10,000/ - to the respondents.

Dated and delivered at Nairobi this 19th day of January, 2000. R. O. KWACH --------------------------------- JUDGE OF APPEAL I certify that this is a true copy of the original. DEPUTY REGISTRAR