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BENSON W. K. MUIGAI V. CO-OPERATIVE MERCHANT BANK OF KENYA LTD

(2008) JELR 105725 (CA)

Court of Appeal  •  Civ Appli 236 of 2007 (UR. 147/2007)  •  15 Feb 2008  •  Kenya

Coram
William Shirley Deverell

Judgement

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 follows:-

1. That I am the appellant/applicant herein and thus competent to swear this affidavit.

2. That, by a charge dated 9th April 1996, I charged my property known as L.R. No. 4953/96 situated in Thika Town to the respondent for Kshs. 4,000,000/-.

3. That I repaid the loan for a year then fell into arrears whereupon, the respondent sold the property in 1997 for Kshs. 4.5 million.

4. That after the sale, the respondent did not give an account statement to indicate that there was any balance outstanding. After…

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