NATIONAL BANK OF KENYA LTD V. KATANGI DEVELOPERS LTD & ONYX INVESTMENTS LTD

REPUBLIC OF KENYA

IN THE COURT OF APPEAL OF KENYA

AT NAIROBI

Civil Appli 191 of 2008

NATIONAL BANK OF KENYA LTD...............................APPLICANT

AND

1. KATANGI DEVELOPERS LTD

2. ONYX INVESTMENTS LTD...............................RESPONDENTS

(Application for extension of time to serve notice of appeal and record of appeal out of time from the ruling of the High Court of Kenya at Kisumu ( Birech Comm. of Assize) dated 17^th September 2001

in

H.C.C.C. NO 146 of 1999

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RULING

The applicant by its notice of motion dated 2^nd July 2008 seeks an extension of time for service upon the respondents of a notice of appeal and a record of appeal in Civil Appeal 206 of 2003 National Bank of Kenya Ltd v. Jivraj Raishi and Brothers Limited.

The dispute which has given rise to this application is, indeed, protracted and has a somewhat chequered history. By a plaint dated 20^th April 1999, Jivraj Raishi and Brothers Limited and Sanyu International Limited (“Raishi and Sanyu”) sued the applicant f…