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ICERBERG REFRIGERATION LTD. & 2 ORS
V.
FIDELITY COMMERCIAL BANK LIMITED

(2000) JELR 104161 (CA)

Court of Appeal 23 Jun 2000 Kenya
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Case Details

Suit Number:civil misc appl 310 of 99
Judges:Effie Owuor
Location:Nairobi
Other Citations:ICERBERG REFRIGERATION LTD.,GULIANO CARPAGNA & JOHN GATHU NG'ANG'A v. FIDELITY COMMERCIAL BANK LIMITED[2000] eKLR

R U L I N G

This is an application brought under rule 4 of the Court of Appeal Rules for extension of time to file a record of appeal. The decision against which Guliano Carpagnano (the applicant) wishes to appeal was given by Commissioner of Assize, Gacheche on 28th June, 1999. She dismissed an application by the applicant for stay of execution and setting aside an ex-parte judgment. The applicant filed a Notice of appeal on 12th July, 1999 within the time limited by the Rules of thTihse Coauprptl.ication for copies of proceedings and judgment (sic) was made to the superior court on the same day, 12th July, 1999 and a copy of the letter sent to the respondent's advocates. According to the Certificate of Delay issued by the Deputy Registrar of the superior court dated 28th October, 1999, the time required for preparation and delivery of certified copies of proceedings and ruling was from 30th June, 1999 to 28th September, 1999, a period of 91 days. This means that for the purpose of th…

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