MUTANGA TEA & COFFEE LIMITED
V.
SHIKARA LIMITED & ANOR

RULING

1. UPON perusing the Notice of Motion application dated 5^th July, 2016 and filed on 18^th July, 2016, for extension of time to file an application for review of the Court of Appeal decision and to deem the review application filed by way of Originating Motion dated 30^th June, 2016 as duly filed; and

2. UPON reading the applicant’s affidavit sworn by MOSES MWAKISHA on 5^th July, 2016, the 1^st Respondent’s replying affidavit sworn by ALICE GITHERE on 16^th January, 2017 and the 2^nd respondent’s replying affidavit sworn by FRANCIS M.O. KADIMA on 11^th November, 2016, and;

3. UPON considering the written submissions on record for applicant and the respondents, wherein the applicant contends that the 17 days’ delay was inadvertent and was occasioned by the fact that the deponent to the affidavit in support of the application, a pilot by profession, was out of reach and could therefore not sign the affidavit within time and further, that the process of scanning the documents for purposes of…