KENYA TEA DEVELOPMENT AUTHORITY v ROY TRANSMOTORS LIMITED [2009] KECA 144 (KLR)
- Court
- Court of Appeal
- Case number
- 144
- Citation
- [2009] KECA 144 (KLR)
- Decided
- 9 October 2009
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to file an appealCoramALNASHIR VISRAM
Holding
The application for extension of time is disallowed as the delay is inordinate and the reason for delay is unacceptable.
Facts
The applicant filed a notice of appeal on 3rd December, 2007, but did not file the record of appeal. The respondent filed an application to strike out the notice of appeal. The applicant then instructed new advocates to file an application for extension of time.
Issues
- Whether to grant an extension of time to file the record of appeal
- Whether the delay in filing the application is justified
Reasoning
The court exercised its discretion under Rule 4 of the Court of Appeal Rules, considering the length of the delay, the reason for the delay, and the prejudice to the respondent. The court found the delay to be inordinate and the reason for delay to be unacceptable.
Outcome
Disallowed
Orders
- The application for extension of time is disallowed
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.
Loading judgment…