RE DIRECTOR OF FISHERIES EX-PARTE WANAINCHI MARINE PRODUCTS LIMITED [2003] KECA 84 (KLR)

REPULIC OF KENYA

IN THE COURT OF APPEAL AT MOMBASA

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

CIVIL APPLICATION NO. NAI 337 OF 2002

BETWEEN

THE DIRECTOR OF FISHERIES  ..........................APPLICANT AND THE REPUBLIC  ......................................RESPONDENT

EX-PARTE

WANAINCHI MARINE PRODUCTS LIMITED

(An application for extension of time to serve notice of appeal upon the respondent in an intended appeal from the ruling & order of the High Court of Kenya at Mombasa (Ouna J) dated 30th September, 2002

in

H.C.MISC.APPLN. NO. 428 OF 2002) **************** O R D E R

Wanainchi Marine Products Limited do not oppose this application. The order that I make is that the notice of appeal dated 2nd October, 2002 and lodged on 3rd October, 2002 is deemed to have been served in time as now extended by me, that is to say, the time for service of the said notice is extended to the date when it was actually served on 16th October, 2002. Wanainchi Marine Products Limited will have costs of this application to be taxed in the absence of agreement. Made at Mombasa this 27th day of January, 2003.

A. B. SHAH

--------------- JUDGE OF APPEAL

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