DEPLHIS BANK LIMITED (NOW ORIENTAL COMMERCIAL BANK LTD) V. CHANNN SINGH CHATTHE, SATTWANT SINGH CHATTHE, SUKHWINDE SINGH CHATTHE, RAGHBIR SINGH CHATTHE ALL T/A AGRICULTURAL CONTRACTORS, CHARANJIT SINGH HAYER & RAJNIKANT KARSANDAS SOMAIA

R U L I N G

On 11^th July 2008, I delivered a ruling in Nairobi, on two consolidated applications to wit Nos. 119 of 2008 and No. 117 of 2008, which applications raised same or similar issues of law and fact. Both applications were for an order extending time within which to file and serve a fresh notice of appeal and a record of appeal against two different rulings by Tanui, J. given on 4^th May 2005, in High Court Civil Case No. 164 of 2003. The parties in both applications were the same and so were their respective capacities as litigants.

In the order against which an appeal is intended Tanui J. summarily dismissed the counter-claim of Delphis Bank, now referred to as Oriental Commercial Bank Limited, against six named persons who were the plaintiffs in the suit. Delphis Bank is the applicant herein, and seeks an order extending the time within which to file and serve a fresh notice of appeal and a record of appeal. The applicant had earlier brought an identical application which was …