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Kamula v Barclays Bank of Kenya Limited (Now ABSA Bank Kenya PLC) (Civil Appeal (Application) E470 of 2021) [2022] KECA 846 (KLR) (27 May 2022) (Ruling)

[2022] KECA 846 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
846
Citation
[2022] KECA 846 (KLR)
Decided
27 May 2022
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil Appeal (Application)PostureApplication for Extension of Time to file an AppealCoramF. SICHALE
Holding

The Court allowed the application and granted leave to file the Memorandum and Record of Appeal within 7 days from the date of the ruling.

Facts

The applicant, Stephen Kivandi Kamula, sought an extension of time to file an appeal against the judgment and decree of the High Court of Kenya at Nairobi.

Issues

  1. Whether the delay in filing the appeal was justified
  2. Whether the applicant has an arguable appeal
  3. Whether the applicant will suffer prejudice if the application is not allowed

Reasoning

The Court found that the delay was explained and that the applicant has an arguable appeal, and that the applicant will suffer prejudice if the application is not allowed.

Outcome

The Court granted leave to file the Memorandum and Record of Appeal within 7 days from the date of the ruling.

Orders

  • Grant leave to file the Memorandum and Record of Appeal within 7 days from the date of the ruling

Remedies

  • Costs to be personally borne by the applicant's advocates
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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