Wandu Limited v African Banking Corporation Ltd [2013] KECA 203 (KLR)
- Court
- Court of Appeal
- Case number
- 203
- Citation
- [2013] KECA 203 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to file an intended appealCoramG.B.M. KARIUKI, W. OUKO, A. K. MURGOR
Holding
The reference is allowed, and the application for extension of time is dismissed with costs.
Facts
Wandu Limited applied for a loan facility of Kshs. 31,000,000/= secured by a charge on property L.R. NO 209/8559 NAIROBI. The applicant defaulted in repayment and agreed to sell the property through a public auction. The respondent sold the property for Ksh. 31,000,000/-, and the applicant filed a suit in the High Court.
Issues
- Whether the delay in filing the appeal notice was justified
- Whether the single judge considered the relevant factors in granting the extension of time
Reasoning
The single judge failed to consider the delay and the relevant factors, and the explanation offered by the applicant did not relate to the delay.
Outcome
Appeal dismissed
Orders
- Application for extension of time by way of amended notice of motion dated 1st December 2010 is dismissed with costs
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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