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EDWARD GATIBA MBUGUA V. BARCLAYS BANK (K) LTD

(2016) JELR 102544 (CA)

Court of Appeal  •  Civil Application Nai 213 of 2015  •  16 Sep 2016  •  Kenya

Coram
Daniel Kiio Musinga

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: D. MUSINGA, JA. (IN CHAMBERS))

CIVIL APPLICATION NO. NAI. 213 OF 2015 (UR 176/2015)

BETWEEN

EDWARD GATIBA MBUGUA.......................APPLICANT

AND

BARCLAYS BANK (K) LTD.....................RESPONDENT

(An application for extension of time to file and serve a notice of motion and a record of appeal out of time in an intended appeal from the ruling/decision of the High Court at Nairobi (Havelock, J.) dated 16th day of July, 2014

in

H.C.C.C No. 734 of 2010)

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

RULING

1. This is an application brought under rule 4 of the Court of Appeal Rules and section 159 (2)(d) of the Constitution of Kenya. The applicant seeks leave to file and serve a notice of appeal and record of appeal out of time. He further seeks to have a notice of appeal that he filed on 6th August, 2014 declared as having been filed and served within time.

2. The ruling sought to be appealed against was delivered by Havelock, J. on 16th July, 2014. The applicant filed and served a not…

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