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K.H. OSMOND V. DAIMA BANK LIMITED& WHITESTONE AUCTIONEERS (K) LIMITED

(2001) JELR 100395 (CA)

Court of Appeal  •  Civil Application Nai. 77 of 2001 (48/2001 UR)  •  4 Apr 2001  •  Kenya

Coram
Amrittal Bhagwanji Shah

Judgement

R U L I N G

I have, before me, an application brought under rules 4, 41, 42 and 47 of the Court of Appeal Rules (the Rules) whereby the applicant, K.H. Osmond, seeks extension of time to file a notice of appeal, as well as memorandum and record of appeal out of time. The facts leading to the application are that the superior court on the 12th day of July, 2000 entered judgment against the applicant in the sum of Shs.48,618,559/00 with interest thereon at the rate of 48% per annum from the 27th day of November, 1997 until date of payment in full. The amount allegedly originally advanced by the first respondent to the applicant was Shs.14,822,267/00. The applicant lodged a notice of appeal to challenge the decision of the superior court on or about 17th July, 2000 in good time. The applicant also applied for a certified copy of proceedings and a signed copy of the judgment to enable him to lodge the appeal. That was by a letter dated 14th July, 2000 addressed by Miss Quadros to the Depu…

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