COMPUTER LOGIX LIMITED AND ANOTHER VS. ZAMZAM SHADADIISSA AND SEIF ISSA FIKIRINI (Administrators of the estate of the late FIKIRINI ISSA KOCHO. CIVIL APPLICATION NO. 538/01 OF 2018.

Abstract

1. Exclusion of time spent in preparation and supply of a certified copy of proceedings apply only to an appeal, not an application. Thus, the provision of Rule 90(1) can not be invoked where the applicant fails to lodge his application for revision within the prescribed period under Rule 65(4) of the Rules. 2. In the case of a delay for any reason including awaiting a certified copy of proceedings, the available remedy for the Applicant is to apply for extension of time under Rule 10 of the Rules. 3. As a result, we find that the Application was filed out of the prescribed period of 60 days in contravention of Rules 65(4) of the Rules. In the event, this Application which is time barred, is hereby struck out with costs.