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Tamil Enterprises Ltd v. Official Receiver & Provisional Liquidator of Continental Credit Finance Ltd & another

(2005) JELR 96575 (CA)

Court of Appeal  •  Civil Application 264 of 2004  •  20 Sep 2005  •  Kenya

Coram
William Shirley Deverell

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL

AT NAIROBI

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

CIVIL APPLICATION NO. NAI. 264 OF 2004

BETWEEN

TAMIL ENTERPRISES LTD ................................... APPLICANT

AND

OFFICIAL RECEIVER AND PROVISIONAL

LIQUIDATION OF CONTINENTAL CREDIT

FINANCE LTD and ANOTHER ..............................RESPONDENTS

(Application for leave to file an appeal out of time in an intended

appeal from the Ruling of the High Court of Kenya at Milimani

Commercial Court Nairobi (Ibrahim J) dated 5th November, 2003

in

H.C.C.C. NO. 1914 OF 1999)

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

R U L I N G

This is an application under rule 4 of the Court of Appeal Rules (the Rules) for an extension of time to file an appeal against the Ruling of Mohammed Ibrahim J delivered on 5th November, 2003.

I will first deal with the length of the delay. Rule 81 (1) provides that an appeal shall be instituted by lodging the memorandum of appeal and the record of appeal within sixty days of the date when the notice of appeal was…

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