MUTHITHI INVESTMENTS COMPANY LIMITED V. HOUSING FINANCE CO. OF KENYA LIMITED

 RULING

1. On the 17^th July 2009, the superior court (Lesiit, J.) dismissed the applicant’s suit against the respondent and entered judgment for the respondent on the counterclaim claim for Kshs. 3 million together with interest at the prevailing commercial base lending rates from 17^th January, 2003 until payment in full. On 23^rd July 2009 the applicant lodged a notice of appeal in the superior court. The notice of appeal was served upon the respondent within time. On the same date the applicant applied for certified copies of the proceedings, judgment and decree of the superior court. The judgment and the decree were certified by the Deputy Registrar on 21^st September 2010 and collected by the applicant’s advocates on 24^th September 2010. A certificate of delay certifying the period from 23^rd July 2009 to 24^th September 2010, as necessary for the preparation and delivery of the typed proceedings, judgment and decree, was duly signed by the Deputy Registrar on the 4^th October 2010.

2. T…