Standard Chartered Bank Limited & another v Peter Oguko Abok & another [2005] KECA 190 (KLR)
- Court
- Court of Appeal
- Case number
- 190
- Citation
- [2005] KECA 190 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to lodge and serve Notice of AppealCoramTUNOI, J.A. (IN CHAMBERS)
Holding
The Court grants the application and extends time for the applicants to lodge and serve the Notice of Appeal and the Record of Appeal.
Facts
The applicants failed to lodge a Notice of Appeal within the prescribed time limit and sought an extension of time. The High Court at Kisumu rejected their application, and the applicants appealed to the Court of Appeal.
Issues
- Whether the applicants' application for extension of time is competent and justifiable
- Whether the applicants have acted expeditiously in pursuing leave to appeal out of time
Reasoning
The Court finds that the applicants have explained their failure to perfect the appeal within the time set by the rules and that there are weighty issues arising from the decision of the High Court judge.
Outcome
The Court grants the application and extends time for the applicants to lodge and serve the Notice of Appeal and the Record of Appeal.
Orders
- The Notice of Appeal shall be filed within 14 days hereof and the Record of Appeal shall be lodged within 21 days after the date of service of the Notice of Appeal.
Remedies
- Costs of this application assessed at Shs.7,500/=
Authorities cited
Legislation (1)
- Rules of the Court
Cases cited (1)
- WASIKE VS. SWALA [1984] KLR 591
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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