K. IDDI vs SEIF BIN SALIM TRUSTEES [2003] KECA 115 (KLR)

REPUBLIC OF KENYA

IN THE COURT OF APPEAL

AT MOMBASA

CORAM: SHAH, J.A. (IN CHAMBERS)

CIVIL APPLICATION NO. NAI 117 OF 2002

BETWEEN

IBRAHIM K. IDDI .................................... APPLICANT AND SEIF BIN SALIM TRUSTEES ........................... RESPONDENT

(An application for extension of time to have notice o f

appeal deemed as properly filed and lodged in an

intended appeal from the ruling of the High Court of

Kenya at Mombasa (Comm Tutui) dated 12th February,

2002

in

H.C.C.C. NO. 564 OF 2000)

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RULING ON URGENCY

When I declined to certify Civil Application No. NAI 117 of 2002 as urgent there was no amended notice of motion on Court file. It appears that the motion was not on the file on account of some hitch in the Registry of this Court. I have seen the amended application. I see no impediment in certifying this application as urgent in view of the fact that in the event, eventually, of the intended appeal succeeding and the residential property of the applicant having been sold in the meanwhile the damage could well be irreparable. I now certify this application as urgent. Costs will be in application. Made at Mombasa this 29th day of January, 2003. A. B. SHAH --------------- JUDGE OF APPEAL I certify that this is a true copy of the original. DEPUTY REGISTRAR