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Rupa Cotton Mills (Epz) Ltd v. Bank of Baroda (K) Ltd

(2016) JELR 95195 (CA)

Court of Appeal  •  Civil Appeal (Application) 22 of 2013  •  17 Jun 2016  •  Kenya

Coram
Erastus Mwaniki Githinji, Martha Karambu Koome, James Otieno Odek

Judgement

RULING OF THE COURT

[1] On 12th February 2013, the Bank of Baroda (K) Ltd, (applicant) filed the instant notice of motion citing several Rules but it is principally an application under Rules 84of the Court of Appeal. It seeks to strike out the Record of Appeal lodged by Rupa Cotton Mills (EPZ) Ltd (respondent) in Civil Appeal No. 22 of 2012.This is on the grounds that the record of appeal was filed out of time. The application is supported by the affidavit of David Ogega Nyaboga, the account manager of the applicant’s Industrial Area Branch. The matters in the said deposition as well as the applicant’s counsel’s written submissions bring out the following salient facts.

[2] That the High Court made a ruling on 15th March 2012 and the respondent filed a Notice of Appeal against the said ruling on 22nd March 2012. The respondent applied for copies of proceedings in the High Court by a letter dated 21st March 2012. The respondent’s advocate’s clerk collected the typed proceedings from the…

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