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ROMANUS OKENO V. BANK OF BARODA

(2005) JELR 96526 (CA)

Court of Appeal  •  Civil Application Nai 251 of 2005  •  2 Dec 2005  •  Kenya

Coram
Emmanuel Okello O'Kubasu

Judgement

R U L I N G

This is an application by way of Notice of Motion stated to have been brought under “The Court of Appeal Rules including Rule 4 and 41 of the Court of Appeal Rules, Section 3 of the Appellate Jurisdiction Act Section 3A of the Civil Procedure Rules and all other enabling provisions of the Law.” The orders sought are that:-

“1. This Honourable Court be pleased to grant an extension of time for the lodgement of Notice of Appeal from the Judgment and decree of the superior court delivered on 26th January, 2005.

2. A time be named within which the said Notice be filed.

3. The time for filing a Record of Appeal be extended;

4. A time be named within which such record be filed.”

The application is brought on the following grounds:-

a) Judgment was not read on the scheduled date and the applicant only became aware of it in March 2005, and notified his advocate to commence appeal proceedings.

b) It is the applicant’s wish and intention to appeal from the decision of the superior court ma…

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