JUDGMENT
We dismissed this application in this appeal for an extension of time within which to serve the appeal documents on the respondent, with costs at Kisumu on December 5, 1980. We now give our reasons for doing so. The applicants’ suit against the respondent and another for the return of a Lister diesel engine and other relief was dismissed by Cotran J on April, 1980. Notice of appeal was lodged on April 12 and application was made for a copy of the proceedings in the High Court on April 14. The last day for lodging the memorandum and record of appeal under Rule 81 was June 11. Mr Ajuang’, who by then had become the applicants’ advocate, lodged a memorandum and record of appeal at the High Court Registry at Kisumu. The record lodged by Mr Ajuang’ included a copy of a draft decree which he presumed had been approved by his predecessor as advocate to the applicants and then extracted and sealed. However, he discovered on June 11 that there was no sealed decree in the court file.
Mr …