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TRANS-NATIONAL BANK LIMITED v. DANIEL MUNENE KABOGO

(2009) JELR 93939 (CA)

Court of Appeal  •  Civil Appli 270 of 2007  •  23 Jan 2009  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Daniel Kennedy Sultani Aganyanya, John walter Onyango Otieno

Judgement

RULING OF THE COURT

On 13th November, 2002, Waki, J as he then was, made some order against which Daniel Munene Kabogo, the respondent herein, wished to appeal and he duly filed a notice of appeal on 18th November, 2002. On 15th November, 2002 the respondent’s then lawyer, Mr. Stephen Macharia Kimani wrote to the Deputy Registrar of the High Court asking for copies of the ruling and proceedings, amongst other things. That letter was copied to the advocates for the present applicant, Transnational Bank Ltd. That was obviously done so as to comply with rule 81 (2) of the Court’s Rules, and as that was done, time would stop running until the Deputy Registrar of the superior court notifies the person seeking the proceedings that the same are available for collection. From the record before us, it appears that at some stage, the High Court record went missing and an application similar to- the present one or to strike out the notice of appeal was made. That application was rejected.

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