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Sheikh Osman Mohamed v. Kenya Commercial Bank Limited

(2011) JELR 96372 (CA)

Court of Appeal  •  Civil Application 133 of 2010  •  1 Jul 2011  •  Kenya

Samuel Elikana Ondari Bosire, John walter Onyango Otieno, Erastus Mwaniki Githinji



Sheikh Osman Mohamed, the applicant was the successful party in Nairobi High Court Civil Case No. 191 of 2004. Kenya Commercial Bank Limited, the unsuccessful party was dissatisfied with the decision against it and lodged a notice of appeal in the superior court, duly signed by its advocates on record, on 12th May 2009, but the said notice, dated 12th May 2009 was not endorsed by the Deputy Registrar before a copy thereof was served upon the applicant. Besides, the respondent bank did not file a record of appeal within the stipulated 60 days.

In the application before us, dated 4th June 2010, expressed to be brought under rule 80 of the Court of Appeal Rules, the applicant has invited us to strike out the aforesaid notice of appeal for two reasons. Firstly, that the said notice of appeal is defective for the reason that it was not endorsed by the Deputy Registrar of the superior court before it was serviced upon the applicant, and in the alternative that the endorsed…

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