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NATIONAL BANK OF KENYA LTD, GRAHAM J.G. SILCOK & NAVAL JNG SOOD 2 OTHERS V. KISUMU PAPERMILLS LIMITED

(2006) JELR 105116 (CA)

Court of Appeal  •  Civ Appli 211 of 2006  •  1 Dec 2006  •  Kenya

Coram
Philip Nyamu Waki JA

Judgement

RULING

The notice of motion before me seeks two substantive orders under rule 4 of the rules of this Court as follows:-

“1. The time within which to file and serve a Notice of Appeal in an intended appeal against the ruling and orders of the superior court given on 18th January, 2006 be extended and the Notice of Appeal filed on 26th June, 2006 and served on 29th June, 2006 be deemed to have been filed and served within time.

2. The time within which the appeal and record of appeal from the ruling and orders of the superior court given on 18th January, 2006 is to be filed be extended on such terms as this Honourable Court may deem just and appropriate.

The second prayer was however abandoned at the hearing of the application and so, only the first prayer remains for consideration.

Shorn of the frills and ugly side-shows which were noted by the superior court in form of pungent literature exchanged between learned counsel on both sides of the matter, the background to the application is fai…

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