DIVYA J. PATEL V. GUARDIAN BANK LIMITED

RULING

BACKGROUND

[1] By a notice of motion dated 21st June, 2019, the applicant, Dr. Divya J. Patel has moved this Court seeking leave under Rule 4 of the Court of Appeal Rules (the Court Rules) to file a record of appeal out of time. The intended appeal is against the judgment delivered by the High Court in Nairobi High Court Civil Case No. 630 of 2006.

The applicant seeks the following orders:

a) That this Honourable Court be pleased to grant leave to the Applicant to appeal out of time against the whole Judgment and Decree of the High Court of Kenya at Nairobi by the Honourable Lady Justice Olga Sewe delivered on 7^th August, 2017.

b) The costs of this application be provided for.

[2] The application is anchored on the grounds that the period of and the reasons for the delay in filing the record of appeal are excusable; and that the delay is not inordinate having been occasioned by the Court Registry; that the notice of appeal was lodged and served upon the respondent within the prescrib…