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Sarah Hersi Ali v. Kenya Commercial Bank Ltd

(2000) JELR 96771 (CA)

Court of Appeal  •  civil misc appl 165 of 99  •  20 Mar 2000  •  Kenya

Coram
Akilano Molade Akiwumi

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL

AT KISUMU

(AKIWUMI, J.A (IN CHAMBERS)

CIVIL APPLICATION NO. NAI 165 OF 1999 (KSM.14/99)

BETWEEN

IN THE COURT OF APPEAL

AT KISUMU

(AKIWUMI, J.A (IN CHAMBERS)

CIVIL APPLICATION NO. NAI 165 OF 1999 (KSM.14/99)

BETWEEN

SARAH HERSI ALI ................................................................ APPLICANT

AND

KENYA COMMERCIAL BANK LTD ........................................RESPONDENT

(An application for extension of time to file notice and record of appeal out of time in an intended appeal from the judgment of the High Court of Kenya at Bungoma dated 23rd June, 1997 (Justice C. Ongudi)

in

H.C.C.A. No.84 of 1996

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

RULING

It is not disputed that the applicant was only one day out of time in filing her Notice of Appeal and because of this purely technical ground, her appeal was struck out on 18.6.99.

She expeditiously applied on 30.6.99 for extension of time to file a Notice of Appeal. Her quick action has also not been critised. What has been…

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