IN THE COURT OF APPEAL AT NAIROBI CIVIL APPLICATION NO. NAI. 366 OF 2009 CORAM: ONYANGO OTIENO, J.A. (IN CHAMBERS) BETWEEN CATHERINE NJUNGUINI KANYA RAPHAEL JONAH MUTAHI VIOLET MUMBUA NDAMBUKI........................APPLICANTS AND COMMERCIAL BANK OF AFRICA...................RESPONDENT (Application for leave to serve record of appeal out of time, from the ruling and decree of the High Court of Kenya at Nairobi (Kimaru, J) dated 21st March, 2009 in H.C.C.C. NO. 531 OF 2002)
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R U L I N G
On 25th May, 2006, Ransley J (as he then was) delivered judgment dated the same date in respect of Civil case NO. 1939 of 1999 and Civil case No. 1661 of 2001 which were consolidated and heard together. CATHERINE NJUGUINI KANYA the first applicant in this notice of motion, was the plaintiff in civil case No. 1939 of 1999 whereas RAPHAEL JONAH MUTAHI and VIOLENT MUMBUA NDAMBUKI second and third applicants were the plaintiffs in civil case NO. 1661 of 2001. COMMERCIAL BANK OF AFRICA, the respon…