Kehr v Busam Capital Limited & 2 others (Civil Application E222 of 2024) [2024] KECA 890 (KLR) (26 July 2024) (Ruling)

Facts

The applicant, Redempta Susan Chetambe Kehr, sought to appeal against a ruling dismissing her suit challenging a purported transfer of a property. The suit was dismissed for non-attendance, and the 3rd respondent's counterclaim was heard ex parte. The applicant applied to set aside the dismissal order, which was dismissed. She then filed a Notice of Appeal but did not file the memorandum and record of appeal within the required time.

Issues

1. Whether the applicant's application for extension of time to file the memorandum and record of appeal should be granted.
2. Whether the applicant's delay in filing the appeal was due to lack of proceedings or other justifiable reasons.

Reasoning

The court found the delay in filing the appeal to be inordinate and not satisfactorily explained. The applicant had already filed an appeal against the substantive judgment, and the court did not exercise its discretion in favor of the applicant.

Outcome

Application dismissed