Koome & 2 others v Kenya Tea Development Agency Holdings Limited & 3 others (Civil Application E117 of 2024) [2024] KECA 1873 (KLR) (19 December 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 1873
- Citation
- [2024] KECA 1873 (KLR)
- Decided
- 19 December 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for leave to file a notice of appeal out of timeCoramALI-ARONI, MURIITHI, Ouko
Holding
The application is allowed as a plausible, satisfactory, and honest explanation was given, and the delay is not inordinate.
Facts
The applicants were under an innocent, albeit erroneous, impression that a notice of appeal should be filed within 30 days from the date of the decision intended to be appealed against. They brought the application expeditiously after learning otherwise.
Issues
- Whether the application for leave to file a notice of appeal out of time should be granted
- Whether the delay in filing the notice of appeal is inordinate and prejudicial to the respondents
Reasoning
The court finds that the applicants provided a plausible explanation for their delay in filing the notice of appeal and that the delay is not inordinate.
Outcome
The application is allowed
Orders
- The notice of appeal be lodged within the next 14 days and served within 7 days thereafter
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.
Loading judgment…