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Liberato Kivanga Manga v Prime Bank Limited [2021] KECA 1011 (KLR)

[2021] KECA 1011 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
1011
Citation
[2021] KECA 1011 (KLR)
Decided
5 February 2021
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time to file and serve a record of appealCoramJ. MOHAMMED, Radido, S. Radido
Holding

The court granted the application for extension of time to file a record of appeal.

Facts

The applicant, Liberato Kivanga Manga, sought an extension of time to file a record of appeal against the judgment of the Employment and Labour Relations Court (ELRC) at Nairobi, delivered on 30th November, 2018.

Issues

  1. Whether the application for extension of time to file a record of appeal is deserving of the orders sought.
  2. Whether the delay in filing the record of appeal was inordinate and whether the applicant has a reasonable explanation for the delay.

Reasoning

The court considered the length of the delay, the reason for the delay, the chances of the appeal succeeding, and the degree of prejudice to the respondent if the application was granted. The court found that the delay was short and adequately explained, and that the appeal has chances of success.

Outcome

Granted

Orders

  • The application for extension of time to file a record of appeal was granted.

Authorities cited

Cases cited (5)
  • Leo Sila Mutiso v. Hellen Wangari Mwangi [1999] 2 EA 231
  • Fakir Mohammed v. Joseph Mugambi & 2 others (2005) eKLR
  • Muringa Company Ltd v. Archdiocese of Nairobi Registered Trustees, Civil Application No. 190 of 2019
  • Andrew Kiplagat Chemaringo v Paul Kipkorir Kibet [2018] eKLR
  • 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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