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Tamil Enterprises Ltd v. Official Receiver and Provisional & Liquidator of continental Credit Finance Ltd

(2010) JELR 96604 (CA)

Court of Appeal  •  Civil Application 264 of 2004  •  5 Mar 2010  •  Kenya

Coram
Emmanuel Okello O'Kubasu, Alnashir Ramazanali Magan Visram, John walter Onyango Otieno

Judgement

RULING OF THE COURT

This is a reference from the decision of a single Judge of this Court (Deverell, JA) delivered on 20th September 2005 in which he dismissed the applicant’s application for extension of time within which to file and serve the record of appeal against the ruling of the High Court (Ibrahim, J).

When the matter came up for hearing before us on 2nd February, 2010 Mr. C. Agwara appeared for the applicant but there was no appearance for the respondents. In his submissions Mr. Agwara stated that in declining to grant extension of time to the applicant the learned single Judge acted oppressively against the applicant; that the supporting affidavit had given the reasons for the delay; that the learned Judge failed to consider that the issue of section 228 of the Companies Act should have been considered as a sufficient ground to warrant an extension of time. Finally Mr. Agwara reminded us that the application before the single Judge was not opposed.

It has been stated time and …

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