S. K. Macharia & another v Standard Chartered Bank Limited [2012] KECA 233 (KLR)
- Court
- Court of Appeal
- Case number
- 233
- Citation
- [2012] KECA 233 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for leave to amend the heading of the notice of appeal and extension of time to file and serve the record of appealCoramD. K. S. AGANYANYA
Holding
The application is granted with conditions: an application to enjoin the official Receiver to the Notice and Record of Appeal within one month, and costs to be paid to the respondent within ten days.
Facts
The applicants sought to amend the heading of the Notice of Appeal and extend the time to file the record of appeal due to a typographical error and a delay of four days.
Issues
- Amendment of the Notice of Appeal
- Extension of Time to File Record of Appeal
Reasoning
The court exercised its unfettered discretion to grant the application due to the typographical error and the four-day delay, but with conditions to ensure the appeal is not prejudiced.
Outcome
Application granted with conditions
Orders
- Amendment of the Notice of Appeal
- Extension of Time to File Record of Appeal
Remedies
- Enjoining the official Receiver to the Notice and Record of Appeal
- Payment of costs to the respondent
Authorities cited
Legislation (2)
- Appellate Jurisdiction Act
- Court of Appeal Rules 2010
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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