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National Industrial Credit Bank Ltd v. Barclays Bank of Kenya Ltd & Nancy Wairimu Muriithi

(2010) JELR 98530 (CA)

Court of Appeal  •  Civil Application 236 of 2006  •  16 Jul 2010  •  Kenya

Coram
Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, Moijo Matayia Ole Keiwua

Judgement

RULING OF THE COURT

ONREFERENCE TO THE FULL COURT

This is a reference to the full Court from a decision of a single member of the Court, (Deverell, J.A.) made under rule 4 of this Court’s Rules.

The background to this matter is as follows:-

The applicant, NATIONAL INDUSTRIAL CREDIT BANK LTD., through its advocate, filed a notice of motion (dated 16th October, 2006) under rule 4 of this Court’s Rules seeking orders that:-

“1. The time limited for lodging appeal, from the Ruling and Order by the Honourable Mrs. Mary Kasango delivered at the High Court of Kenya at Nairobi, Milimani on the 27th June, 2005, be extended.

2. Costs of this application be provided for.”

The application was brought on the following grounds:-

“(a) The Notice of Appeal was filed in the Superior Court on 28th June, 2005, a day after delivery of the ruling that the applicant seeks to appeal from;

(b) The request for typed uncertified copies of the proceedings and a certified copy of the judgment was also filed in the Superi…

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