civil misc appl 263 of 00

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Seline Anjeline Aduogo v Co-operative Bank of Kenya Ltd [2000] eKLR

Case Metadata
Case Number:	civil misc appl 263 of 00
Parties:	Seline Anjeline Aduogo v Co-operative Bank of Kenya Ltd
Date Delivered:	22 Nov 2000
Case Class:	Civil
Court:	Court of Appeal at Kisumu
Case Action:	Ruling
Judge(s):	Abdulrasul Ahmed Lakha
Citation:	Seline Anjeline Aduogo v Co-operative Bank of Kenya Ltd [2000] eKLR
Case History:	(An Application for extension of time to serve a Notice of Appeal upon the Respondent and to lodge the record of Appeal out of time from the Ruling of the High Court of Kenya at Kisumu (Mr. Justice Wambilyanga) dated 12th May, 2000 in H.C.C.C. NO. 11 OF 2000)
Court Division:	Civil
County:	Kisumu
History Docket No:	H.C.C.C. NO. 11 OF 2000
History Judges:	Isaac Charles Cheskaki Wambilyangah
History County:	Kisumu
Case Outcome:	Application dismissed.
Disclaimer:	The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT KISUMU
(CORAM: LAKHA, J.A. (IN CHAMBERS))
CIVIL APPLICATION NO. NAI. 263 OF 2000

BETWEEN

SELINE ANJELINE ADUOGO .............................................. APPLICANT

AND

THE CO-OPERATIVE BANK OF KENYA LTD. ....................RESPONDENT

(An Application for extension of time to serve a Notice of

Appeal upon the Respondent and to lodge the record of

Appeal out of time from the Ruling of the High Court of

Kenya at Kisumu (Mr. Justice Wambilyanga) dated 12th May,

2000

H.C.C.C. NO. 11 OF 2000)

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

R U L I N G

This is yet another application for extension. Since the discovery by the applicant that there had been no service of the notice of appeal to the time of filing of this application the time taken by the applicant is considerable and constitutes, in my judgment, inordinate delay which unfortunately has not been satisfactorily explained. Where there is no explanation for delay, there can be no indulgence.

Having regard to all the circumstances I decline to exercise my discretion in favour of the applicant. In view of this it is unecessary to consider the other points raised.
The application fails and is dismissed with costs.

Dated and delivered at Kisumu this 22nd day of November, 2000.

A.A. LAKHA
...................

JUDGE OF APPEAL

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

DEPUTY REGISTRAR

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