IN THE COURT OF APPEAL
AT NAIROBI
CIV APPLI NO. 236 OF 2007 (UR. 147/2007)
BENSON W. K. MUIGAI ...........................................................APPLICANT
AND
CO-OPERATIVE MERCHANT BANK OF KENYA LTD .......... RESPONDENT
(An application for extension of time to file and serve a notice of appeal and to lodge record of appeal out of time in an intended appeal from the ruling of the High Court of Kenya at Milimani (Mr. Justice Anyara Emukule) dated 19th May, 2005
in
H.C.C.C. NO. 781 OF 2001)
***************
R U L I N G
This is an application by notice of motion dated 20th September 2007 and lodged on 21st September 2007 by Benson W. K. Muigai (Benson) seeking orders:-
1. That this Honorable Court be pleased to extend time to file a Notice of Appeal and to lodge the Record of Appeal out of time.
2. That the costs and incidentals to the application (sic) abide to result of the said appeal (sic).
There was an affidavit in support of the application sworn by Benson on 20th September 2007 as follo…