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CHARTERHOUSE BANK LIMITED
V.
CENTRAL BANK OF KENYA & 2 OTHERS

(2018) JELR 103237 (CA)

Court of Appeal 20 Dec 2018 Kenya
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Case Details

Suit Number:Civil Appeal 173 of 2007
Judges:Erastus Mwaniki Githinji, Daniel Kiio Musinga, Patrick Omwenga Kiage
Location:Nairobi
Other Citations:Charterhouse Bank Limited v. Central Bank of Kenya & 2 others [2018] eKLR

JUDGMENT OF THE COURT

It is odd that this appeal, which is against the order of the High Court (Warsame, J. as he then was) issued on 22nd June 2007 extending the appointment of Rose Detho as the statutory manager of the appellant CharterHouse Bank Limited “for a further period of twelve months” from that date, has been pending before this Court for over a decade. We say odd because the prayers the appellant seeks in the appeal cannot be of use to it that twelve month period having long ago lapsed or expired. Even were we to set aside the extension order and substitute therefor an order dismissing the notice of motion dated 11th June 2007, what would it avail? This is a classic case of an appeal that has been long overtaken by not only events, but also time and utility. It is merely academic and was long ago rendered moot. It is the kind of appeal one would have expected the appellant to withdraw from as far back as 23rd June 2008. But it did not.

As we have indicated, what was before t…

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