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CFC Financial Services Limited v Juja Road Fancy Store Limited [2009] KECA 25 (KLR)

[2009] KECA 25 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
25
Citation
[2009] KECA 25 (KLR)
Decided
16 December 2009
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time to lodge record of appealCoramJ. W. ONYANGO OTIENO
Holding

The application is granted, and the applicant is granted thirty (30) days from the date of the judgment to file and serve the record of appeal.

Facts

The applicant filed a notice of appeal on February 20, 2009, but did not seek leave to appeal in time. The applicant sought leave on April 7, 2009, which was granted on October 23, 2009. The applicant filed the notice of motion for extension of time on November 12, 2009.

Issues

  1. Whether the applicant's delay in filing the record of appeal is justifiable
  2. Whether the intended appeal is frivolous

Reasoning

The judge considered the facts and the explanation for the delay, concluding that the delay was not inordinate and that the intended appeal is arguable.

Outcome

Granted

Orders

  • Extension of time for filing the record of appeal

Remedies

  • Extension of time for filing the record of appeal

Authorities cited

Cases cited (2)
  • Pan African Paper Mills (EA) Ltd vs. Olaka [2001] KLR 8
  • Leo Sila Mutiso vs. Rose Hellen Wangare Mwangi, Civil Application No. NAI. 255 of 1997
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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