APA Insuarance Limited v Mwangi (Civil Application E053 of 2024) [2024] KECA 954 (KLR) (26 July 2024) (Ruling)

Facts

APA Insurance Limited filed an application to reinstate a suit in Bomet High Court, which was dismissed for want of prosecution. The applicant's advocate informed the applicant of the dismissal via email and letter on March 13, 2024, but the applicant did not file the notice of appeal until June 5, 2024, resulting in a 85-day delay.

Issues

1. Whether the applicant's delay in filing the notice of appeal was due to an inadvertent failure and should be excused.
2. Whether the applicant's application for extension of time to file the notice of appeal should be granted.

Reasoning

The court considers the length of the delay, the reason for the delay, and the chances of the appeal succeeding. The court concludes that the delay was not due to an inadvertent failure and that the applicant has not offered a reason to justify the exercise of discretion in their favor.

Outcome

The application is denied.

Authorities cited