Development Finance of Kenya Ltd v Kabansora Limited & another [1997] KECA 305 (KLR)
- Court
- Court of Appeal
- Case number
- 305
- Citation
- [1997] KECA 305 (KLR)
- Decided
- 30 January 1997
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time to file Notice of Appeal out of timeCoramG. S. PALL
Holding
The court refuses to exercise its discretion to extend the time for filing the appeal, dismissing the notice of motion with costs.
Facts
Kabansora Ltd obtained judgment against Peter Kuria Waweru t/a Thowen Bakery. Development Finance of Kenya Ltd claimed the property was actually owned by a third party and had a debenture over it, leading to an objection under Civil Procedure Rules. The applicant failed to take proceedings within the prescribed time, and the objection was deemed waived.
Issues
- Whether the applicant can file a fresh notice of appeal out of time
- Whether the applicant's delay in filing objection proceedings was justified
Reasoning
The appeal is not arguable and the applicant's delay in filing the objection proceedings was unjustified. The court considers it unjust to keep the plaintiff back from the fruits of the judgment and dismisses the application.
Outcome
Dismissed with costs
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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