National Bank of Kenya Ltd & 2 others v Kisumu Papermills Limited [2006] KECA 27 (KLR)
- Court
- Court of Appeal
- Case number
- 27
- Citation
- [2006] KECA 27 (KLR)
- Decided
- 1 December 2006
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to file and serve record of appealCoramMadan, ND, NAVAL, ST, Graham, Tanui, Warsame
Holding
The application for extension of time to file and serve the Notice of Appeal and the appeal and record of appeal is granted.
Facts
The National Bank of Kenya Ltd and two of its appointed receivers/managers were sued by Kisumu Papermills Limited over charge and debenture instruments held by the bank over the respondent's property, including LR NO. KISUMU/KORANDO/4189, to secure loan advances in excess of Shs.600 million.
Issues
- Extension of time to file and serve a Notice of Appeal
- Extension of time to file the appeal and record of appeal
Reasoning
The application was granted as the background to the application is straightforward, and the respondents asserted that the charge and debenture instruments were defective in law.
Outcome
The application was granted.
Orders
- The application dated the 24th July 2006 be and is hereby granted.
- The notice of appeal filed on 27th June, 2006 and served on 29th June, 2006 be and is hereby deemed to have been filed and served within time.
- The costs of the application assessed at Shs.10,000 be personally borne by M/s Otieno Ragot & Company Advocates, for the applicants.
- In default of payment of the costs within 14 days, execution for the said costs to issue.
Remedies
- Extension of time to file and serve the Notice of Appeal
- Extension of time to file the appeal and record of appeal
- Assessment of costs against M/s Otieno Ragot & Company Advocates
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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