REPUBLIC OF KENYA
IN THE COURT OF APPEAL
CORAM: SHAH, J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. NAI 7 OF 1997
KENYA COMMERCIAL BANK.........................................APPLICANT
MWANZAU MBALUKA LAZARUS KITILI VETU..........RESPONDENTS
(Application for extension of time to file notice of appeal
and record of appeal out of time in an intended appeal
from a judgment and decree of the High Court of Kenya at
Machakos (Osiemo J) dated 17th June, 1994
H.C.C.C. NO. 105 OF 1994)
R U L I N G
Mr. Mussilli, for the respondent, has objected to this application for extension of time to file a notice of appeal and record of appeal out of time on the following grounds:-
1.The alleged error on the part of the Deputy Registrar of the High Court at Machakos in approving the decree should have been deponed to by the Deputy Registrar.
2.This court has no original jurisdiction to hear an application of this nature. It must first be filed in the High Court.
The application be…