Chandarana Supermarkets Limited v Cathie Akinyi Silinga Nana [2017] KECA 722 (KLR)
- Court
- Court of Appeal
- Case number
- 722
- Citation
- [2017] KECA 722 (KLR)
- Decided
- 24 February 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to file Notice of Appeal and Record of Appeal out of timeCoramG.B.M KARIUKI
Holding
The application for extension of time to file Notice of Appeal and Record of Appeal out of time shall proceed to hearing.
Facts
The respondent filed an application to strike out the notice of appeal before the applicant's application for extension of time was filed.
Issues
- Whether the application for extension of time to file Notice of Appeal and Record of Appeal out of time should be granted.
- Whether the application to strike out the notice of appeal should be heard first or after the application for extension of time
Reasoning
The court ruled that as long as the court decision on the application for extension of time is not final, the contention that there will be prejudice does not hold good. A single judge may proceed to hear the application for extension of time while an application to strike out notice is pending.
Outcome
The application for extension of time to file Notice of Appeal and Record of Appeal out of time shall proceed to hearing.
Orders
- The application for extension of time to file Notice of Appeal and Record of Appeal out of time shall proceed to hearing.
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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