Columbia Developers (K) Limited v Armstrong Engineering Limited (Civil Application E305 of 2020) [2022] KECA 161 (KLR) (18 February 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 161
- Citation
- [2022] KECA 161 (KLR)
- Decided
- 18 February 2022
The court grants the applicant's application for leave to file an appeal out of time, extending the time for filing the appeal to 14 days from the date of the ruling.
Facts
The applicant, Columbia Developers (K) Limited, sought leave to file an appeal out of time from the judgment of the High Court of Kenya at Nairobi (Mary Kasango, J.) in Civil Suit No. 517 of 2009. The judgment was delivered on 2nd July 2020, and the applicant claimed the judgment was delivered in disregard of their written submissions.
Issues
- Whether the applicant's appeal is arguable
- Whether the applicant's delay in filing the appeal caused undue prejudice to the respondent
Reasoning
The court finds the applicant's explanation for the delay plausible and satisfactory, and that the respondent would not suffer undue prejudice. The court also notes that the applicant has given satisfactory reasons for the delay in instituting the intended appeal.
Outcome
The court grants the application for leave to file an appeal out of time.
Orders
- Time extended for the applicant to file its Notice of Appeal within 14 days from the date of the ruling.
- The applicant's Notice of Appeal dated 10th September 2020 is deemed as duly filed and served.
- The applicant must file and serve its Record of Appeal within 60 days next following the period specified in (a) above.
- The costs of this application are costs in the intended appeal.
Authorities cited
Cases cited (2)
- Nicholas Kiptoo Arap Salat v IEBC and 7 Others [2014] eKLR
- Nairobi Womens Hospital v Purity Kemunto [2018] eK
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