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|Case Number:||civil appl no. nai. 181 of 96|
|Parties:||PAUL'S BAKERY & CONFECTIONARY LTD. vs THE COMMISSIONER OF INCOME TAX|
|Date Delivered:||14 Apr 1997|
|Court:||Court of Appeal at Nairobi|
|Judge(s):||Riaga Samuel Cornelius Omolo|
|Citation:||PAUL'S BAKERY & CONFECTIONARY LTD. vs THE COMMISSIONER OF INCOME TAXeKLR|
|Disclaimer:||The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information|
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
CORAM: OMOLO, J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. NAI 181 OF 1996
PAUL'S BAKERY & CONFECTIONARY LTD. ................. APPLICANT
THE COMMISSIONER OF INCOME TAX ..................... RESPONDENT
(Application for extension of time to file appeal out of time
in an intended appeal from a Judgment of the High Court
of Kenya at Nairobi (Aluoch J) dated 5th December, 1991
INCOME TAXAPPEAL NO. 98 OF 1988)
R U L I N G
The previous appeal by the applicant was struck out by the court on the 9th May, 1996. This application was filed on 31st May, 1996. The applicant acted with reasonable speed after its appeal was struck out. It is not clear to me why the application has been pending since the 31st May, 1996 when it was filed but there is no evidence that the applicant is responsible for that delay. The respondent though served has not attended to oppose the application. No affidavit in opposition has been filed. In the circumstances, I allow this application and order that the notice of appeal must be filed within three days of the date hereof and served upon the respondent within seven days of its lodgement. The record of appeal must be filed within fourteen days of the date hereof. The costs of the application shall be in the appeal. Those are my orders.
Dated and delivered at Nairobi this 14th day of April, 1997.
R. S. C. OMOLO
JUDGE OF APPEAL
I certify that this is a true copy of the original.