TONONOKA STEELS LIMITED VS EASTERN & SOUTHERN AFRICAN TRADE AND DEVELOPMENT BANK (THE PTA BANK) [1998] KECA 226 (KLR)
- Court
- Court of Appeal
- Case number
- 226
- Citation
- [1998] KECA 226 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to lodge an appealCoramA.A. LAKHA
Holding
The court grants the application for an extension of time to lodge the appeal, allowing the applicant to file the record of appeal on November 19, 1998.
Facts
The applicant failed to file an appeal within the prescribed time due to a mistake in understanding the rules and a delay caused by personal reasons.
Issues
- Whether the applicant's failure to file the appeal within the prescribed time was a bona fide mistake.
- Whether the court should exercise its discretion to grant an extension of time for filing the appeal.
Reasoning
The court finds that the applicant's failure to file the appeal was a mistake due to a lack of understanding of the rules and a delay caused by personal reasons. The court exercises its discretion to grant the extension.
Outcome
The application is granted.
Orders
- Extension of time to lodge the appeal to November 19, 1998.
Authorities cited
Cases cited (3)
- BELINDA MURAI AND NINE OTHERS VS. AMOS WAINAINA
- GRINDLAYS BANK INTERNATIONAL (K) LIMITED & ANOTHER VS. GEORGE BARBOUR
- GATTI VS. SHOESMITH
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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