Mereka & Co. Advocates v New Cooperative Kenya Creameries Limited (Civil Appeal (Application) E034 of 2021) [2022] KECA 1150 (KLR) (21 October 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 1150
- Citation
- [2022] KECA 1150 (KLR)
- Decided
- 21 October 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil Appeal (Application)PostureApplication for leave to extend time to file an appealCoramAK MURGOR
Holding
The court declines to grant the extension of time and makes no orders as to costs.
Facts
The applicant, Mereka & Co. Advocates, filed a notice of appeal against the High Court's ruling on 22nd November 2018, but was unable to file the record of appeal within the 60-day period due to medical reasons, absence from the office, and the onset of the COVID-19 pandemic.
Issues
- Whether the applicant's delay in filing the record of appeal was sufficiently explained.
- Whether the intended appeal has a high probability of success.
Reasoning
The delay of 24 months has not been adequately explained, and the likelihood of success of the intended appeal is uncertain. The delay has also caused undue prejudice to the respondent.
Outcome
The application for leave to extend time to file an appeal is denied.
Authorities cited
Cases cited (2)
- Leo Sila Mutiso vs Rose Hellen Wangari Mwangi – Civil Application No. Nai 251 of 1997
- County Executive of Kisumu vs County Government of Kisumu & 8 Other [2017] 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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