Administrators of the Estate of the Late Maxwell M. Ombogo, Advocate v Postbank Credit Ltd (In Liquidation) & Deposit Protection Fund Board [2002] KECA 50 (KLR)

IN THE COURT OF APPEAL

AT NAIROBI

CORAM: TUNOI, J.A. (IN CHAMBERS)

CIVIL APPLICATION NO. NAI. 373 OF 2001

BETWEEN

THE ADMINISTRATORS OF THE ESTATE OF THE

LATE MAXWELL M. OMBOGO, ADVOCATE ........................... APPLICANT

AND

1. POSTBANK CREDIT LTD (IN LIQUIDATION)

2. DEPOSIT PROTECTION FUND BOARD ........................ RESPONDENTS

(Application for extension of time within which to file

and lodge a fresh notice of appeal, memorandum and

record of appeal in an intended appeal from a ruling

of the High Court of Kenya at Nairobi (Keiwua, J.)

dated 18th December, 1998

in

H.C.C.C. NO. 392 OF 1996)

***************

O R D E R

As the application is not being opposed, I allow it as prayed in the motion dated 30th October, 2001. The applicants shall have leave to file, lodge and serve the Notice of Appeal and the Record of Appeal out of time. The Notice of Appeal shall be filed within 7 days hereof and the Record of Appeal shall be lodged 21 days after service of the Notice. Costs of this application are awarded to the respondents in any event.

Made at Nairobi this 28th day of January, 2002.

P. K. TUNOI ................................. JUDGE OF APPEAL

I certify that this is a true copy of the original.

DEPUTY REGISTRAR