Customer Support

EDDY NDETO GITETU
V.
KENYA COMMERCIAL BANK LTD

(2009) JELR 97197 (CA)

Court of Appeal 16 Oct 2009 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:Civil Application 77 of 2004
Judges:Emmanuel Okello O'Kubasu, John walter Onyango Otieno, Joseph Gregory Nyamu
Location:Nairobi
Other Citations:EDDY NDETO GITETU v. KENYA COMMERCIAL BANK LTD [2009] eKLR

RULING OF THE COURT

ON REFERENCE TO THE FULL COURT

This is a reference to the full Court from a decision of a single Judge of this Court made under rule 4 of this Court’s Rules. The learned single Judge’s ruling was made pursuant to an application for extension of time in which to file a notice of appeal against the ruling of the superior court ( Azangalala Ag. J) dated 11th March 2004.In dismissing the application for extension of time the learned Judge in his ruling delivered on 16th December, 2004 stated, inter alia:-

“The applicant has enumerated the grounds on which he will be appealing against the ruling in paragraph 18 of the supporting affidavit. Those grounds include the ground that the learned Judge confused the issue of liability with that of damages and should have determined the issue of liability first. The applicant should have annexed a copy of is (sic) counter claim to assist the court to understand fully the nature of the counter-claim.

Nevertheless, from the facts cont…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.