APPLICANT

AND

GITUNDU DEVELOPERS LIMITED ...........................

RESPONDENT

(Application for extension of time to file a Notice of
Appeal out of time in an intended appeal from a
ruling/judgment of the High Court of Kenya at
Nairobi (Mr. Justice Shields) dated 2nd May, 1991
in
H.C.C.S. NO. 3699 OF 1990)

********************

RULING OF THE COURT

I do not think the applicant is serious in the matter. Its previous appeal was struck out on the 14th February, 1996; this application was not brought until the 19th June, 1996. That, as Miss. Kamau correctly points out, is a delay of over four months. There is not a single word in the affidavit as in the submissions of Mr. Muttu in explanation of that delAy.
In those circumstances, I hold that the applicant has wholly failed to place before me any material upon which if I can exercise my discretion in its favour. I refuse to do so and the consequence of that is that this application fails and it is hereby dismissed with costs to the respondent.

...............

JUDGE OF APPEAL