MUHORONI SUGAR COMPANY LTD.
V.
KASAMANI & COMPANY ADVOCATES

R U L I N G

This is an application under Rule 4 of the Court of Appeal Rules for orders that:

1. Time for service of the Notice of Appeal lodged on 22^nd February, 2006 by the applicant from the ruling and orders of the superior court given on 8^th February, 2006 be extended.

2. The applicant’s Notice of Appeal served on 3^rd March, 2006 be deemed to have been properly served.

The application is supported by the affidavit of Tobias Ouma Okumu, a clerk working with M/s. Otieno, Ragot and Company Advocates and the affidavit of David Otieno, Advocate for the applicant.

The applicant was placed in receivership by Kenya Sugar Board, the debenture holder in the year 2001.

On 15^th April, 2005 the respondent filed an originating summons under Section 45 (1) (b) of the Advocates Act and Order LII Rules 3 and 10 of the Civil Procedure Rules for orders that:

“1. THAT the Defendant’s Receivership does not absolve it from paying its debts.

2. THAT a declaration that the Defendant is indebted to the Plaintiff…