R U L I N G
There is before me an application brought under Rule 4 of this Court’s Rules for extension of time to file a memorandum of appeal and a record of appeal out of time. It is taken out by M/S. Patron Card International Ltd. (the “applicant”) who were the plaintiffs in the superior court claiming a tidy sum of Shs.29.4 million from Harambee Co-operative Savings and Credit Society Ltd (the respondent) on account of breach of contract. The alleged contract was for printing and supplying some security identification cards for the 98,000 members of the respondent at a cost of Shs.300/= per card. The suit was however dismissed by the superior court (Emukule, J.) after a full hearing, on 22nd November, 2004.
Being aggrieved by the dismissal, the applicant lodged and served notice of appeal timeously on 02.12.04. They also applied for a certified copy of the proceedings and eventually those were supplied together with a certificate of delay confirming that the period of 03.12.04 to 31.…