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Attorney General & another v Kongoacheke Enterprises Limited & another [2015] KECA 168 (KLR)

[2015] KECA 168 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
168
Citation
[2015] KECA 168 (KLR)
Decided
4 December 2015
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication to extend time to file and serve a notice of appealCoramWARSAME
Holding

The application is dismissed with costs to the respondents.

Facts

The applicants were aggrieved by the decision of the High Court and intended to appeal against it, but failed to file the notice of appeal within the required fourteen days. The applicants sought an order to enlarge time to file the notice of appeal due to insufficient notice of the judgment.

Issues

  1. Whether the applicants have sufficient notice of the judgment
  2. Whether the applicants should be granted an order to enlarge time to file the notice of appeal

Reasoning

The applicants did not have sufficient notice of the judgment and failed to file the notice of appeal within the required time. The Court cannot exercise its discretion to extend the time for filing the notice of appeal due to the lack of explanation for the delay and the applicants' dereliction of duty.

Outcome

Application dismissed

Orders

  • Application dismissed with costs

Authorities cited

Cases cited (2)
  • Rule 75(2) of the Court of Appeal Rules
  • Rule 53 of the Court of Appeal Rules
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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