Sasah General Merchants Limited v Christian Children's Fund & 2 others (Civil Appeal (Application) E035 of 2022) [2022] KECA 694 (KLR) (22 July 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 694
- Citation
- [2022] KECA 694 (KLR)
- Decided
- 22 July 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil Appeal (Application)PostureApplication for extension of time to file the Record of AppealCoramM NGUGI, JA
Holding
The Court grants the applicant leave to file the record of appeal out of time.
Facts
The applicant, Sasah General Merchants Limited, filed a suit against Christian Children's Fund and two other respondents over a construction contract dispute. The trial court dismissed the applicant's claim. The applicant then appealed the decision, but faced a delay in filing the appeal due to various reasons.
Issues
- Whether the delay in filing the appeal is inordinate and inexcusable
- Whether the reasons given for the delay are plausible
Reasoning
The Court considers the delay to be not inordinate and grants the application, deeming the record of appeal as duly filed and served.
Outcome
The application is allowed.
Orders
- The record of appeal filed with this application is deemed as duly filed and served
Remedies
- The 1st respondent shall have the costs of this application
Authorities cited
Legislation (3)
- Court of Appeal Rules, 2010
- Appellate Jurisdiction Act, Cap.9 Laws of Kenya
- Constitution of Kenya, 2010
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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