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Kenya Commercial Bank Limited v. Kenya Planters Co-operative Union

(2012) JELR 100087 (CA)

Court of Appeal  •  Civil Application Nai. 81 of 2010 (Ur 62/2010)  •  20 Apr 2012  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, David Kenani Maraga, Wanjiru Karanja

Judgement

RULING OF THE COURT

The notice of motion at Bar is the one dated 13th April, 2010. It is filed by the firm of Iseme, Kamau and Maema Advocates on behalf of the applicant, KENYA PLANTERS CO-OPERATIVE UNION LIMITED. The same is pronounced to be premised on Sections 3A and 3B of the Appellate Jurisdiction Act, Rules 4, 39(2) and 47 of the Court of Appeal Rules. It has 5 prayers but save for prayer No. 2, all the other prayers are spent. That prayer seeks this Court’s leave to appeal from the ruling of Hon. Justice Apondi made on 18th January, 2010. The said ruling was in respect of a similar application for leave to file an appeal against the same ruling which application was dismissed.

That dismissal prompted the applicant to move this Court under Rule 39(b) of the Court of Appeal Rules. The application is supported by the 26 paragraph affidavit sworn by one Jacob Unda a relationship manager of the applicant herein dated 12th April, 2010.

The gravamen of the said lengthy affidavit is that …

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