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Barclays Bank of Kenya Ltd v. Martha Karwirwa Antony

(2010) JELR 106841 (CA)

Court of Appeal  •  Civil Application 52 of 2010  •  17 Sep 2010  •  Kenya

Coram
John walter Onyango Otieno

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: ONYANGO OTIENO, J.A. (IN CHAMBERS)

CIVIL APPLICATION NO. NAI. 52 OF 2010

BETWEEN

BARCLAYS BANK OF KENYA LTD.............................APPLICANT

AND

MARTHA KARWIRWA ANTONY .............................RESPONDENT

(Application for extension of time for filing an appeal from the ruling of the High Court of Kenya at Nairobi (Okwengu, J.) dated 29th February, 2008

in

MILIMANI CIVIL CASE NO. 446 OF 2007)

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

R U L I N G

I have before me a notice of motion brought under rule 4 of this Court’s Rules seeking orders that:-

“1. The time for lodging the appeal be extended

2. The costs of this application be provided for.”

No grounds in support of the application were availed in the notice of motion as the applicant preferred to refer the Court to the grounds set out in the supporting affidavit. That is not proper but I will treat that omission as curable irregularity nonetheless. In the supporting affidavit, sworn by the applicant’s learned counsel Mr. P…

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