GUILDERS INTERNATIONAL BANK LTD vs CHIMANLAL HILJI SHAH & 19 OTHERS & CARNATION APARTMENTS LIMITED [2000] KECA 395 (KLR)

REPUBLIC OF KENYA IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: KWACH, BOSIRE & OWUOR JJ.A)

CIVIL APPEAL NO.112 OF 1999

BETWEEN

GUILDERS INTERNATIONAL BANK LTD ....................... APPELLANT

AND

CHIMANLAL HILJI SHAH & 19 OTHERS

CARNATION APARTMENTS LIMITED ..........................RESPONDENTS

(Appeal from the ruling of the high Court of Kenya at

Nairobi by (Justice M. Ole Keiwua) dated 5th

February, 1999

in

H.C.C.C. No.343 of 1998)

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

RULING OF THE COURT

The decision appealed against was given on 5th February, 1999. The appellant filed a notice of appeal declaring its intention to appeal against it on 17th February, 1999.

However, the record of appeal was not lodged in court until 4th June 1999; well out of the 60 days permitted for doing so and without leave. Consequently the appeal is incompetent. Mr Omolo for the appellant concedes this fact, with the result that the appeal is ordered struck out with costs both of the application dated 17th September, 1999 and the appeal.

Dated and delivered at Nairobi this 9th day of February, 2000

R.O. KWACH

............

JUDGE OF APPEAL

S.E.O. BOSIRE

..............

JUDGE OF APPEAL

M. KEIWUA

..............

JUDGE OF APPEAL

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