CARTER & SONS LIMITED vs HARI SINGH & COMPANY LIMITED [1984] KECA 74 (KLR)
- Court
- Court of Appeal
- Case number
- 74
- Citation
- [1984] KECA 74 (KLR)
- Decided
- 2 March 1984
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to file an intended appealCoramHancox, JJA (In Chambers)
Holding
The application for extension of time to file the intended appeal is granted.
Facts
A petition for the winding up of HARI SINGH & COMPANY LIMITED was filed on 30th November, 1978. The company applied for an order to restrain the Petitioner from proceeding further and to strike out the petition on the grounds that the Company was not insolvent. Notice of Appeal was filed by the Petitioner on 2nd January 1979.
Issues
- Delay in bringing the application on for hearing
- Application under Rule 4
- Laches or inordinate delay
Reasoning
The delay in bringing the application on for hearing was not the applicant's fault. The registry did not send out the first notice to attend until 6th May, 1981, because Messrs Jowhal and Company failed to reply to the Deputy Registrar's letter.
Outcome
The application for extension of time to file the intended appeal is granted.
Orders
- The applicant is directed to file the intended appeal by 19th March 1984.
Authorities cited
Cases cited (1)
- Baichand Shah V Jammadas [1959] EA at p 840 per Sir Owen Corrie
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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