IN THE COURT OF APPEAL
AT NAIROBI
CORAM: OMOLO, LAKHA and BOSIRE, JJ.A.
CIVIL APPEAL NO. 103 OF 1999
BETWEEN
SAMKEN LIMITED ABERCROMBIE
KENT LTD ...............................................................APPELLANTS
AND
MERCEDES SANCHEZ RAU TUSSEL
MOHAMMED OSMAN MAALIM .........................RESPONDENTS
(Being an appeal from the judgment and decree of the High Court of Kenya at Nairobi (Ringera J) dated 27th November, 1997
in
H.C.C.C. NO. 4231 OF 1992 (Consolidated with H.C.C.C. NOS. 4232, 4233 AND 4234 OF 1992)
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ORDER OF THE COURT
The appellants failed to obtain an extension of time to file their appeal out of time. That means that this appeal was filed out of time and without leave. It is, accordingly, incompetent and we order that it be and is hereby struck out with the costs thereof to the respondents.
Made at Nairobi this 1st day of October, 1999.
R. S. C. OMOLO
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JUDGE OF APPEAL
A. A. LAKHA
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JUDGE OF APPEAL
S. E. O. BOSIRE
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JUDGE…