Seline Anjeline Aduogo v Co-operative Bank of Kenya Ltd (Civil Application 263 of 2000) [2000] KECA 343 (KLR) (22 November 2000) (Ruling)

Citation: Seline Anjeline Aduogo v Co-operative Bank of Kenya Ltd [2000] KECA 343 (KLR)
Media Neutral Citation: [2000] KECA 343 (KLR)
Court: Court of Appeal
Court station: Court of Appeal at Kisumu
Case number: Civil Application 263 of 2000
Judgment date: 22 November 2000
Language: English
Type: Judgment

Case action: Ruling
Court division: Civil
Filing county: Kisumu

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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