SAMUEL KAMAU MACHARIA V. DAIMA BANK LTD

IN THE COURT OF APPEAL

AT NAIROBI

CORAM: SHAH, J.A. (IN CHAMBERS)

CIVIL APPLICATION NO. NAI. 187 OF 2001

BETWEEN

SAMUEL KAMAU MACHARIA ......................................APPLICANT

AND

DAIMA BANK LTD.....................................................RESPONDENT

(Application to extend time to appeal out of time from the judgment of

the High Court of Kenya at Nairobi (Onyango Otieno, J) dated 18th

May, 2000

in

H.C.C.C. NO. 628 OF 1988)

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R U L I N G

On 19th day of May, 2000 the applicant lodged a notice of appeal in the superior court intending to appeal against the judgment and decree of the superior court (Onyango Otieno, J). Unfortunately for the applicant the date of lodgment of the said notice of appeal was inserted as 19th May, 1999 instead of 19th May, 2000. It was a slip on the part of either the Deputy Registrar of the superior court or of the advocate. Upon an application by the respondent that notice of appeal was struck out, not on the ground that the appeal itself…