Peter G.N. Nganga v Standard Chartered Bank of Kenya Ltd & Harrison Maina Kariuki [2002] KECA 184 (KLR)

IN THE COURT OF APPEAL AT NAIROBI

(CORAM: BOSIRE, JA (IN CHAMBERS)

CIVIL APPLICATION NO.293 OF 2002 (UR 145/2002)

BETWEEN

PETER G.N. NGANGA .............................................APPLICANT

AND

STANDARD CHARTERED BANK OF KENYA LTD

HARRISON MAINA KARIUKI .........................RESPONDENTS

An application for extension of time to file the Record of Appeal against the decision of the High Court of Kenya at Nairobi Milimani Commercial Law Courts (Mr. Justice John Mwera) given on the 5th day of July 2002

in

H.C.C.S. NO.1037 of 2000) **********************

R U L I N G

This is a motion under rule 4 of the Court of Appeal Rules for an extension of time within which to lodge a record of appeal. As Mr. Munene for both respondents does not oppose the application and considering that the application was made without any inordinate delay after the expiry of the period provided in the aforesaid rules for lodging a record of appeal, I am minded to exercise my judicial discretion under rule 4 aforesaid, and extend the time for lodging the record of appeal for a further 20 days from the date hereof. The applicant shall bear both the respondents' costs of the motion assessed at Kshs.3000/= for each of them.

Dated and delivered this 24th day of October, 2002.

S.E.O. BOSIRE

...................... JUDGE OF APPEAL

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