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KENYA COMMERCIAL BANK LIMITED v. NAPHTALLY J.B. HAWALA

(1998) JELR 100343 (CA)

Court of Appeal  •  civil appl no.nai.303 of 98  •  15 Dec 1998  •  Kenya

Coram
Abdulrasul Ahmed Lakha

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: LAKHA, J.A. (IN CHAMBERS)

CIVIL APPLICATION NO. NAI. 303 OF 1998 (116/98UR)

BETWEEN

KENYA COMMERCIAL BANK LIMITED .......................... APPLICANT

AND

NAPHTALLY J.B. HAWALA .................................. RESPONDENT

(Application for extension of time for lodgment of a Notice of

Appeal following the ruling and order of the High Court

of Kenya at Kisumu (Justice I.C.C. Wambilyangah) made on

the 13th day of August, 1997

in

H.C.C.C. NO. 453 OF 1994)

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

R U L I N G

Upon reading the Notice of Motion dated 2nd December, 1998 and the supporting affidavit and upon hearing Mr. Okero for the applicant, I am satisfied that this is a fit and proper case and, in all the circumstances of the case just, to exercise the Court's discretion to grant an extension as sought. In the result, the application is granted as prayed. Notice of Appeal shall be filed within 7 days from the date hereof and the record within 15 days thereafter. …

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