IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: NAMBUYE, MWILU and GATEMBU, JJA)
CIVIL APPLICATION NO. NAI 366 OF 2009
BETWEEN
CATHERINE NJUGUINI KANYA.............................1ST APPLICANT
RAPHAEL JONAH MUTAHI..................................2ND APPLICANT
VIOLET MUMBUA NDAMBUKI.............................3RD 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 21st 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 18th day of December, 2009 and lodged in this Court on the 22nd 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 1st, 2nd and 3rd applicants to file and …