DAIMA BANK LIMITED
V.
DAVID MUSYIMI NDETEI

RULING OF THE REFERENCE TO FULL COURT

This is a reference to full court from a decision of a reference from a single Judge dated 19^th November, 2010.

Before the single judge (O’Kubasu, J.A.) was an application to extend time within which to file an appeal to this Court out of time.

The application was founded on the following grounds:-

1. “The Applicant/Appellant applied for copies of proceedings and judgment on 27^th October, 2005 and the same were supplied on 28^th April, 2010.

2. The Applicant was supplied with a certificate of delay on 24^th May, 2010 and commenced the preparation of the record of appeal. 3. The delay in obtaining proceedings from the Superior Court was occasioned by the numerous applications made by the Respondent in an attempt to execute the decree and therefore leaving no room for the typing of the proceedings which were voluminous in nature 4. The Applicant/Appellant filed the record of appeal on 15^th July, 2010 on the mistaken but honest belief that the computation o…