CATHERINE NJUGUINI KANYA & 2 OTHERS
V.
COMMERCIAL BANK OF AFRICA LIMITED

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: NAMBUYE, MWILU and GATEMBU, JJA)

CIVIL APPLICATION NO. NAI 366 OF 2009

BETWEEN

CATHERINE NJUGUINI KANYA.............................1^ST APPLICANT

RAPHAEL JONAH MUTAHI..................................2^ND APPLICANT

VIOLET MUMBUA NDAMBUKI.............................3^RD APPLICANT

AND

COMMERCIAL BANK OF AFRICA LIMITED.............RESPONDENT

(Application for leave to serve record of appeal out of time, from the ruling and decree of the

High Court of Kenya at Nairobi (Kimaru, J) Dated 21^st March, 2009

in

H.C.C.C. No. 531 of 2002)

****************

RULING OF NAMBUYE, JA

The applicants herein Catherine Njuguini Kanya and 2 others presented the application under review by way of a notice of motion dated the 18^th day of December, 2009 and lodged in this Court on the 22^nd day of December, 2009. It is predicated on rule 4 and 42(1) of the Court of Appeal Rules. It substantively sought an order for an extention of time to allow the 1^st, 2^nd and 3^rd applicants to file and …