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Kenya Commercial Finance Company Limited v. Mulji Lalji Pindolia

(1997) JELR 100069 (CA)

Court of Appeal  •  Civil Application 178 of 1997  •  22 Oct 1997  •  Kenya

Coram
Johnson Evan Gicheru, Gurbachan Singh Pall, Abdulrasul Ahmed Lakha

Judgement

RULING OF THE COURT

By a notice of motion dated 30 June, 1997 filed on 15 July, 1997 Kenya Commercial Finance Company Ltd. (the applicant) has moved the court for an order that the notice of appeal filed by Mulji Lalji Pindolia (the respondent) on 13th July, 1991 be struck out. However the notice of appeal in question was in fact lodged on 17th July, 1991 and not 13th July, 1991. We amend the motion accordingly. One Isaac Lenaola, who has neither identified himself nor disclosed his capacity to make the said affidavit, but whom we know as an advocate of the High Court who has been obviously instructed by the applicant in the matter of this application before us, has by his affidavit sworn on 1st July, 1997 in support of the application stated that m/s Oraro and Rachier advocates who were then acting for the applicant were served with the notice of appeal in July 1991. He has further stated that no application for extension of time limited by the Court of Appeal Rules (the Rules) for fi…

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