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SALTEC INTERNATIONAL LIMITED & ANOR.
V.
INDUSTRIAL DEVELOPMENT BANK LIMITED & ANOR.

(1998) JELR 93422 (CA)

Court of Appeal 20 Mar 1998 Kenya
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Case Details

Suit Number:civil appl no.nai.320 of 97
Judges:Johnson Evan Gicheru
Location:Nairobi
Other Citations:SALTEC INTERNATIONAL LIMITED & ANOTHER v. INDUSTRIAL DEVELOPMENT BANK LIMITED & 2 OTHERS[1998]eKLR

RULING:

In this motion, the applicants seek extension of time within which to lodge their appeal in this Court which, according to their counsel, Mr. Vadgama, was filed in this Court on 16th December, 1997. From the certificate of delay annexed to the affidavit in support of the applicants' application, the applicants received certified copies of the proceedings and the ruling intended to be appealed from on 16th October, 1997. Having lodged that appeal on 16th December, 1997, it would appear that the applicants were one day outside the sixty days period prescribed by rule 81(1) of the Rules of this Court for lodging an appeal in this Court. This delay, according to counsel for the applicants, was not inordinate. On account of this therefore, counsel prays that the applicants' application be granted.

Whereas counsel for the respondents seem to have left to the court the issue of whether or not the delay of one day in lodging the appeal is excusable, they each are of the view that the co…

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