SOCIETE DE TRANSPORT INTERNATIONAUX AU RWANDA vs H. H. ABDI [1993] KECA 50 (KLR)

IN THE COURT OF APPEAL AT NAIROBI CORAM: MULI, J.A. (IN CHAMBERS) CIVIL APPLICATION NO. NAI 46 OF 1993 BETWEEN SOCIETE DE TRANSPORT INTERNATIONAUX AU RWANDA .............................APPLICANT AND H. H. ABDI ............................................RESPONDENT Application for extension of time to file a Notice of Appeal in an intended appeal from a ruling of the High Court of Kenya at Nairobi (Mbito J) dated 17th February, 1993 in H.C.MISC.C.APPLN. NO. 911 OF 1991) *********************** R U L I N G

This is an application for leave to file Notice of appeal out of time. (Rule 4). Ruling about which the Notice of appeal relates was delivered on 17th February, 1993. The Notice of appeal was filed on 16th March, 1993. The actual judgment is a foreign judgment and instructions had to be sought from Rwanda. The delay is inordinate. I grant the application and order that the Notice of appeal filed on 16/17 March, 1993 be deemed to have been filed in time having extended the time for filing the Notice up to that date. The intended appeal be filed within 60 days from the date on which the notice of appeal was filed. Costs will be in the intended appeal. Dated and delivered at Nairobi this 2nd day of June, 1993. M.G. MULI JUDGE OF APPEAL I certify that this is a true copy of the original. DEPUTY REGISTRAR