Republic v General appearing for the Minister In Charge Roads Government of Kenya & another; Ex-parte: Nyoro Construction Company Limited [2021] KECA 951 (KLR)
- Court
- Court of Appeal
- Case number
- 951
- Citation
- [2021] KECA 951 (KLR)
- Decided
- 19 February 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for extension of time to file an appealCoramHANNAH OKWENGU
Holding
The Court allows the applicant's motion and extends time for the applicant to file and serve a record of appeal within 21 days from the date of the judgment.
Facts
Nyoro Construction Company Limited filed a notice of appeal against the High Court's decision on 11th November, 2019, but was unable to file the record of appeal due to receiving certified copies of the proceedings and judgment on 4th March, 2020, and challenges arising from the Covid-19 pandemic.
Issues
- Whether the applicant should be granted an extension of time to file an appeal
- Whether the applicant demonstrated due diligence in observing the timelines set in law
Reasoning
The Court exercised its discretionary power to grant the extension due to the applicant's plausible reasons for the delay and the lack of prejudice to the respondent.
Outcome
The applicant's motion is granted.
Orders
- Extension of time for the applicant to file and serve a record of appeal within 21 days from the date of the judgment
Authorities cited
Cases cited (2)
- Leo Sila Mutiso v. Rose Wangari Mwangi, CA No. Nai. 255 of 1997
- Imperial Bank Limited (In Receivership) & another v Alnashir Popat & 18 others [2018] 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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