R U L I N G
By this application brought under rule 4 of the Court of Appeal Rules, the applicants have applied for extension of time to file and serve both the notice and record of appeal.
The applicants original appeal being Civil Appeal No. NAI 243 of 1997 was struck out by this Court on 20th January, 1998 as its record did not contain the application out of which this order sought to be appealed from had arisen.
On 26th January, 1998 that is on the sixth day of the appeal having been struck out the applicant brought this application which is now before me. By no means, therefore, can the applicants be accused for lack of alacrity.
Counsel for the applicants has accepted full responsibility for the failure to include the said application in the record of appeal. He accepted that it was an inadvertent lapse on his part. His clients are not supposed to know the technicalities and intricacies of legal procedure.
However, Mr. Kiage for the respondent, has submitted that the present notice of…