Shreeji Wholesalers & Hardware Limited v Prasun Construction Co. Limited (Civil Application E004 of 2024) [2024] KECA 651 (KLR) (7 June 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 651
- Citation
- [2024] KECA 651 (KLR)
- Decided
- 7 June 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time to appealCoramHA OMONDI
Holding
The application for leave to appeal is granted.
Facts
Shreeji Wholesalers & Hardware Limited filed an appeal against the judgment and decree of the High Court of Kenya at Migori dismissing their appeal with costs. The High Court had previously dismissed an application for leave to appeal on December 20, 2023.
Issues
- Whether the applicant has an arguable appeal which is not frivolous.
- Whether the application for leave to appeal was brought in a timely manner.
Reasoning
The Court found that the applicant acted with zeal in seeking leave to appeal within 14 days of the judgment, and the Christmas vacation period was not to be counted in the computation of time.
Outcome
Leave to appeal granted.
Orders
- Leave to appeal granted.
- Costs shall abide the appeal.
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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