Formax Insurance Brokers Limited v Glory Car Hire Tours and Safaris Ltd [2020] KECA 385 (KLR)
- Court
- Court of Appeal
- Case number
- 385
- Citation
- [2020] KECA 385 (KLR)
The Court allows the applicant's motion for extension of time to file the appeal record and orders that the record be filed within 30 days from the date of the judgment.
Facts
The High Court dismissed the applicant's claim for a sum of Kshs.440,683 being outstanding balance of premiums for insurance policies issued to the respondent. The applicant filed a notice of appeal on 30th November, 2018, but did not file the appeal record within the prescribed time due to delays.
Issues
- Whether the applicant's delay in filing the appeal record is inordinate or indolent.
- Whether the applicant has an arguable appeal and will not be prejudiced by the extension of time.
Reasoning
The Court found that the applicant was not indolent in pursuing its right of appeal and that the delay was due to the issuance of a certificate of delay, which was not available until June 2019. The Court excluded the period from November 27, 2018, to June 10, 2019, from the computation of the time for filing the appeal record.
Outcome
The Court allows the application for extension of time to file the appeal record.
Orders
- The record of appeal be filed within 30 days from the date of the judgment.
- Each party shall bear their own costs.
Authorities cited
Cases cited (1)
- Mutiso vs Mwangi, (1999) 2 EA 231
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