First Community Bank Limited v Mohamud & another (Civil Application E033 of 2023) [2023] KECA 367 (KLR) (31 March 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 367
- Citation
- [2023] KECA 367 (KLR)
- Decided
- 31 March 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to file an appealCoramKI LAIBUTA, JA
Holding
The applicant's Notice of Motion is incompetent and dismissed with costs.
Facts
First Community Bank Limited filed an application for extension of time to file an appeal against the High Court's ruling dated 8th February 2021 in HCCC NO. 154 OF 2018.
Issues
- Whether the applicant can file an appeal after seeking review of the same ruling
- Applicability of the Civil Procedure Act and Civil Procedure Rules
Reasoning
The court ruled that one cannot exercise the right of appeal and apply for review of the same judgment or order simultaneously. Since the applicant preferred to seek review, it cannot seek to appeal the same decision.
Outcome
The applicant's Notice of Motion is dismissed.
Orders
- The applicant's Notice of Motion is dismissed with costs.
Authorities cited
Cases cited (1)
- Martha Wambui v Irene Wanjiru Mwangi & Another (2015) 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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