Velos Enterprises Ltd v Paragon Electronics Limited [2017] KECA 525 (KLR)
- Court
- Court of Appeal
- Case number
- 525
- Citation
- [2017] KECA 525 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to file and serve the Notice of AppealCoramG.B.M KARIUKI SC
Holding
The application is dismissed with costs to the respondent.
Facts
The applicant, Velos Enterprises Limited, filed a Notice of Appeal late against the judgment of the High Court of Kenya delivered on 23rd October 2015. The applicant claimed the delay was due to clerical services change in its advocates' offices.
Issues
- Whether the application for extension of time to file the Notice of Appeal should be granted
- Whether the appeal is out of time
Reasoning
The court found the application for extension of time to file the Notice of Appeal unsuccessful. The appeal is out of time as the applicant cannot take advantage of the proviso to rule 82(1) of the court's rules due to the failure to serve the respondent with the letter bespeaking the proceedings.
Outcome
Application dismissed
Orders
- Application for extension of time to file the Notice of Appeal is dismissed
Authorities cited
Cases cited (2)
- Development Bank of Kenya Ltd & Another v. Francis Ndegwa [Civil Application No.28 of 2013]
- Ramji Devji Vekaria - vs - Joseph Oyula – Civil Appeal (Application) No.154 of 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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