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Crescent Construction Co. Ltd v. Delphis Bank Limited

(2001) JELR 103025 (CA)

Court of Appeal  •  Civil Application Nai. 54 of 2001  •  14 Jun 2001  •  Kenya

Coram
Riaga Samuel Cornelius Omolo

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

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

CIVIL APPLICATION NO. NAI. 54 OF 2001

BETWEEN

CRESCENT CONSTRUCTION CO. LTD. ..................... APPLICANT

AND

DELPHIS BANK LIMITED ...........................................RESPONDENT

(An application for extension of time to file Notice and

Record of Appeal in an intended appeal from a Ruling

of the High Court of Kenya at Nairobi (Keiwua, J.)

dated 15th December, 1998

in

H.C.C.C. NO. 4082 OF 1994)

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

R U L I N G:

It is true the decision sought to be challenged on appeal was delivered on 15th December, 1998 but there is no denying. The fact that Civil Appeal No. 33 of 1999 was actually lodged against the decision. That appeal it is admitted, was struck out by the Court on 19th February, 2001. So there cannot be any question of delay to explain for the period covering 15th December, 1998 and 19th february, 2001. The only delay, if it can be so designated in the period between 21st February, 2001 when the preā€¦

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