Kenya Railways Corporation v Telkom Kenya Limited [2018] KECA 87 (KLR)
- Court
- Court of Appeal
- Case number
- 87
- Citation
- [2018] KECA 87 (KLR)
- Decided
- 23 November 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time to file and serve the record of appealCoramW. OUKO, (P)
Holding
The Court grants leave to the applicant to lodge and serve the record of appeal within seven (7) days from the date of this ruling.
Facts
The High Court delivered a judgment on February 2, 2018, and a notice of appeal was filed within time on February 8, 2018. The applicant requested typed proceedings and was supplied with a copy of the typed record of proceedings on March 28, 2018, and a certificate of delay on April 18, 2018.
Issues
- Whether the applicant should be allowed to file and serve the record of appeal within the statutory period
- Whether the delay in filing the appeal was due to unforeseen administrative challenges and relocation of offices
Reasoning
The Court considered the length of delay, the reason for delay, and the chances of the appeal succeeding. The Court found the explanation plausible and the delay not inordinate.
Outcome
Leave granted to file and serve the record of appeal within seven days.
Orders
- Leave granted to file and serve the record of appeal within seven days from the date of this ruling
Remedies
- Leave to file and serve the record of appeal within seven days
Authorities cited
Legislation (1)
- 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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