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Mohamed Osman Maalim v. Eurobank Limited

(2001) JELR 99007 (CA)

Court of Appeal  •  Civil Application Nai. 291 of 2000  •  16 Mar 2001  •  Kenya

Coram
Samuel Elikana Ondari Bosire

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

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

CIVIL APPLICATION NO. NAI.291 OF 2000

BETWEEN

MOHAMED OSMAN MAALIM .................................... APPLICANT

AND

EUROBANK LIMITED .............................................. RESPONDENT

(An application for extension of time to file an intended

appeal from a ruling of the High Court of Kenya at

Nairobi (Lady Justice Gacheche)(Comm. of Assize)

dated the 2nd March 2000

in

H.C.C.S. No.73 of 2000)

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

RULING

This is a motion under rule 4 of the Court of Appeal Rules for an extension of time within which to file and serve a record of appeal.

The decision against which an appeal is intended was given on 2nd March 2000, by Ms. W. Gacheche, a Commissioner of Assize. In that decision the superior court declined to grant the applicant a temporary injunction against the respondent. The respondent had lent the applicant money on the security of his two properties. The respondent sought to realize its securities allegin…

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