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Michael Mwangi Thuo v. Kenya Commercial Bank Limited

(2006) JELR 99100 (CA)

Court of Appeal  •  Civil Appeal (Appli)114 of 2005  •  10 Nov 2006  •  Kenya

Coram
Samuel Elikana Ondari Bosire

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL OF KENYA AT NAIROBI Civil Appeal (Appli) 114 of 2005

MICHAEL MWANGI THUO (As Legal Representative of

JORAM THUO WAIREGI (Deceased) ............ APPLICANT/APPELLANT

AND

KENYA COMMERCIAL BANK LIMITED ....................... RESPONDENT

(Application for extension of time to file record of appeal out of time in an appeal from the ruling and order of the High Court of Kenya at Milimani Commercial Courts (Emukule, J) dated 5th November, 2004

in

H.C.C.C No. 898 of 1999)

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

R U L I N G

This is an application under rule 4 of the Court of Appeal Rules (the Rules). The applicant is the legal representative of the estate of Joram Thuo Wairegi (the deceased). The deceased brought action in 1999, against Kenya Commercial Bank Limited, the respondent, on the main for an injunction to restrain the respondent from exercising its statutory right of sale of land known as L.R. No. 4885/2, Kiambu. The property had been given as security to secure repayment of…

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