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Ecobank Limited v. Daphine Balida Ketter

(2021) JELR 102551 (CA)

Court of Appeal  •  Civil Application 14 of 2020  •  29 Jan 2021  •  Kenya

Wanjiru Karanja, Daniel Kiio Musinga, William Ouko



1. The applicant herein is seeking the striking out of the Notice of appeal filed and lodged on 13th March, 2017 and 14th March, 2017 respectively under Rules 83 and 84 of this Court’s Rules (the Rules). The application is premised on the grounds that firstly, the respondent is currently enjoying a stay of sale of the charged properties pending the filing of the appeal which was granted by the trial Court on 7th September, 2018. Secondly, that neither the borrower nor the respondent herein is paying the outstanding loan due to the applicant hence the applicant has been put in a helpless situation as it can neither sell the charged properties nor proceed with the hearing of the appeal. Thirdly, the respondent has neither filed the appeal nor taken any essential steps to ensure that the appeal process is on course almost 2 years after the Notice of appeal was filed. Lastly, that the time within which to proffer such appeal has lapsed and no extension of time to file t…

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