Chase Bank Limited v Diana Moraa Abuta [2021] KECA 945 (KLR)
- Court
- Court of Appeal
- Case number
- 945
- Citation
- [2021] KECA 945 (KLR)
- Decided
- 19 February 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplicant seeks leave to file and serve Notice of Appeal and Record of Appeal out of time.CoramR. N. NAMBUYE
Holding
The application is dismissed with costs to the respondent.
Facts
The applicant was placed under receivership in April 2016 due to financial management issues, and the process concluded in April 2019. The transitional exercise slowed down the execution of corporate duties, resulting in inability to issue appropriate instructions to their advocate.
Issues
- Whether the applicant's delay in seeking the court's intervention to resuscitate their appellate process is plausible and excusable.
- Whether the purported notice of appeal was filed and served in time and contravened court rules.
Reasoning
The court finds the applicant's delay in seeking the court's intervention to be inordinate and not plausible. The purported notice of appeal was filed and served in contravention of court rules.
Outcome
Dismissed
Authorities cited
Cases cited (3)
- Wasike vs. Swala [1984] KLR 591
- Divya J. Patel vs. Guardian Bank Limited [2020]eKLR
- Kuwinda Rurinja Co. Ltd vs. Kuwinda Holdings Ltd & 13 Others [2010]eKLR
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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