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PULLIN HARAKCHAND SHAH V. SOUTHERN CREDIT BANKING CORPORATION LTD

(2008) JELR 94576 (CA)

Court of Appeal  •  Civil Appli 63 of 2008  •  27 Jun 2008  •  Kenya

Coram
John walter Onyango Otieno

Judgement

R U L I N G

On 14th March 2002, Ringera J. (as he then was) delivered a ruling in Nairobi Milimani H.C.C.C No. 759 of 2002 in favour of the respondent, Southern Credit Banking Corporation Ltd. The applicant, Pullin Harakchand Shah, felt aggrieved by that ruling. He lodged a notice of appeal against that ruling on 20th March 2002 and on 2nd July 2002, he lodged Civil Appeal Number 166 of 2002. These were filed through his former advocate, Bhasker Sheth. He then changed his advocates and on 14th March 2007, when that appeal came up for hearing, his present firm of advocates and in particular, Mr. Onsando Osiemo, who was conducting the case on his behalf at that particular time, applied and was allowed to withdraw that appeal. The applicant then lodged Civil Application No. Nai. 62 of 2007 for enlargement of time to lodge a fresh notice of appeal and record of appeal out of time. Before that application could be heard, Mr. Osiemo, who was handling the matter for the applicant on behalf of…

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