TRANS NATIONAL BANK OF KENYA V. HASAM SAID AMDUN

RULING

The applicant, Trans National Bank of Kenya, was 1^st defendant in Mombasa High Court Civil Case No 156 of 1998, with Hisham Said Hamdun as the plaintiff and the Attorney General the 2^nd defendant. Judgment in the suit was pronounced on 11^th February, 2005, but the applicant contends that it was not notified of the terms of the judgment until 21^st March, 2005, by which date the time for lodging a notice of appeal had expired. It blames its then advocate Buruka Obonyo of Buruka Obonyo and Co Advocates, for the delay in giving it the full terms of that judgment.

In the application before me for an extension of time within which to file a fresh notice of appeal, expressed to be brought under rule 4 of the Court of Appeal Rules, the applicant prays that I exercise my unfettered discretion under that rule and enlarge the time within which it should lodge a notice of appeal. Jacqueline Makiya Onsando, the Legal and Human Resources Manager of the applicant bank has sworn the affidavit in…