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Development Bank Kenya Limited (Formerly Known As) Development Finance Ltd & Small Enterprises Finance Limited v. Francis Ndegwa Alias Francis Ishmael Ndegwa T/A Central Kenya Press & Muruguru Holdings Ltd

(2014) JELR 105262 (CA)

Court of Appeal  •  Civil Appeal (Application) 28 of 2013  •  26 Feb 2014  •  Kenya

Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek



Before us is a Notice of Motion aplication brought pursuant to Rule 84 of the Court of Appeal Rules (the Rules) wherein the 1st and 3rd respondents seek, inter alia, that the appeal herein be struck out. The grounds upon which the respondents rely on in support of their application are that firstly, the Memorandum of Appeal and Record of Appeal were filed out of time without leave of the court; secondly, the Record of Appeal does not include all the requisite documents under Rule 87(b) and (h) of the Rules and thirdly, that the Record of Appeal was served out of time without leave of the court.

The genesis of this application is that the 1st respondent offered the appellant loan facilities between the year 1980 and 1982 and in return the appellant offered land parcel No. Aguthi/Gatitu/667/154 as security. Subsequently, the appellant defaulted in the loan repayment and in the year 1989, the 1st respondent sold the said parcel in realization of the security. The appell…

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