Anti-Counterfeit Authority v Francis John Wanyange & 4 others [2021] KECA 381 (KLR)
- Court
- Court of Appeal
- Case number
- 381
- Citation
- [2021] KECA 381 (KLR)
- Decided
- 23 July 2021
The court extended the time for the applicant to serve the respondents with the Notice of Appeal.
Facts
Anti-Counterfeit Authority filed a petition challenging the seizure of gas cylinders by the applicant, seeking release of the goods and compensation. The High Court delivered its judgment on November 23, 2018, and the notice of appeal was filed on November 27, 2018, but not served on the respondents within the stipulated period.
Issues
- Whether the application for extension of time to serve the Notice of Appeal is deserving of the orders sought.
- Whether the failure to serve the notice of appeal on the respondents was inadvertent and arose as a result of an honest mistake.
Reasoning
The court considered the grounds for the application, the reasons for the delay, and the discretion provided under Rule 4 of the Court of Appeal Rules. The court extended the time for the applicant to serve the respondents with the Notice of Appeal.
Outcome
The court granted the application for extension of time to serve the Notice of Appeal.
Orders
- That the time limited for the applicant to serve the respondents with the Notice of Appeal be enlarged or extended to allow the serving of the same within such time as the court shall deem fit.
- That the costs of this application be provided for.
Authorities cited
Legislation (2)
- Appellate Jurisdiction Act
- Court of Appeal Rules
Cases cited (4)
- Leo Sila Mutiso v Hellen Wangari Mwangi
- Fakir Mohammed v Joseph Mugambi & 2 Others
- Muringa Company Ltd v Archdiocese of Nairobi Registered Trustees
- Andrew Kiplagat Chemaringo v Paul Kipkorir Kibet
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