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NICHU INVESTMENTS LIMITED v. PAN AFRICAN CREDIT AND FINANCE LIMITED (IN LIQUIDATION)

(2009) JELR 98663 (CA)

Court of Appeal  •  Civil Appeal (Appli) 184 of 2006  •  17 Jul 2009  •  Kenya

Coram
Riaga Samuel Cornelius Omolo

Judgement

REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI

Civil Appeal (Appli) 184 of 2006

NICHU INVESTMENTS LIMITED .................. APPLICANT/APPELLANT

AND

PAN AFRICAN CREDIT AND FINANCE LIMITED

(IN LIQUIDATION) ..................................................... RESPONDENT

(Application for extension of time to file Notice of Appeal and Record of Appeal out of time against an Appeal from the judgment and Decree of the High Court of Kenya at Nairobi, Milimani Commercial Courts (Azangalala, J) dated the 30th day July, 2004

In

H.C.C.C. No. 2671 of 1995)

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

RULING

The motion dated 25th August, 2008 and lodged in the Court on 28th August, 2008 is brought under Rule 4 of the Court’s Rules and while the discretion of a single Judge of the Court is unfettered under that rule, the Court itself has, over the years developed certain perimeters within which that discretion is to be exercised. Those perimeters are well known. Let me cite a few authorities setting out those peri…

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