judy.legal
Login Register

Kenya Commercial Bank v. Mwanzau Mbaluka & another

(1997) JELR 100070 (CA)

Court of Appeal  •  Civil Application 7 of 1997  •  7 Nov 1997  •  Kenya

Coram
Amrittal Bhagwanji Shah

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL

AT NAIROBI

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

CIVIL APPLICATION NO. NAI 7 OF 1997

BETWEEN

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

AND

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

in

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…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login