NATIONAL BANK OF KENYA LTD v INTERIOR CONTRACT SUPPLIES LTD (Civil Appeal 529 of 2003) [2008] KEHC 3796 (KLR) (31 October 2008) (Ruling)
- Court
- High Court of Kenya
- Case number
- 3796
- Citation
- [2008] KEHC 3796 (KLR)
- Decided
- 31 October 2008
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for recall and modification of a ruling on the jurisdiction to extend time for filing a notice of appealCoramH. M. OKWENGU
Holding
The court finds no merit in the application and dismisses it with costs.
Facts
The applicant, National Bank of Kenya Ltd, sought an extension of time to file a notice of appeal against an order made by the High Court on 17th September, 2008. The respondent, Interior Contract Supplies Ltd, opposed the application.
Issues
- Whether the High Court has jurisdiction to extend time for filing a notice of appeal to the Court of Appeal
- Whether the applicant's application was competent and misconceived
Reasoning
The court held that the power to extend time for filing a notice of appeal for an appeal in the Court of Appeal remains the preserve of the Court of Appeal. The applicant's application was incompetent as Section 7 of the Appellate Jurisdiction Act was not invoked.
Outcome
Application dismissed with costs
Authorities cited
Legislation (3)
- Court of Appeal Rules
- Civil Procedure Act
- Appellate Jurisdiction Act
Cases cited (5)
- Standard Chartered Bank Ltd vs Abok & Another (2005) 1 EA 373
- Re Harrison's Share Under a Settlement (1955) All ER 185-192
- Maino vs Avei & Another (2001) 2 LRC 262 - 276
- Belgo Holding Ltd vs Akber Abdullah Kassam Esmail
- Raichand Lakamshi & Another vs Assanand & Sons (1957) EA 82
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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