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African Airlines International Limited v. Eastern & Southern African Trade & Development Bank (The PTA Bank)

(2002) JELR 106301 (CA)

Court of Appeal  •  Civil Application Nai. 50 of 2002 (UR.29/2002)  •  3 Jun 2002  •  Kenya

Coram
Johnson Evan Gicheru

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: GICHERU, J.A. (IN CHAMBERS)

CIVIL APPLICATION NO. NAI. 50 OF 2002 (UR.29/2002)

BETWEEN

AFRICAN AIRLINES INTERNATIONAL LIMITED...............................APPLICANT

AND

THE EASTERN and SOUTHERN AFRICAN

TRADE and DEVELOPMENtBANK(THE PTABANK).........................RESPONDENT

(An application for extension of time to file Notice of

Appeal and Record of Appeal in an intended appeal from

the Ruling of the High Court of Kenya at Milimani (Hewett,

Comm. of Assize dated 20th April, 2000

in

H.C.C.C. NO. 1361 OF 1999)

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

R U L I N G

In this application, the applicant's intended appeal arises from the order of the superior court purported to have been given on 20th April, 2000. That order was the subject of a review and injunction application under sections 3A and 80 of the Civil Procedure Act and Orders XXXIX(1) and XLIV of the Civil Procedure Rules dated 17th July, 2000 which was not heard on merit for the reason that the said order was not formall…

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