Gathithi the Legal Representative of the Estate of the Late Fredrick Gathithi Kabue v Cannon Assurance Kenya Limited (Civil Application E035 of 2025) [2025] KECA 1049 (KLR) (9 June 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 1049
- Citation
- [2025] KECA 1049 (KLR)
- Decided
- 9 June 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from the High Court of Kenya Commercial and Tax Division, Nairobi (A. Mabeya, J.) dated on 6th May 2021 in HCCC No. 151 of 2008CoramW. KARANJA
Holding
The application is struck out. The applicant can file the application for extension of time before a single Judge and if that is not allowed, then an application for striking out can be made before a 3 Judge bench.
Facts
The applicant seeks an extension of time under Rule 4 of the Court of Appeal Rules and a prayer for striking out the appeal under Rule 86 of the Court of Appeal Rules.
Issues
- Whether the Notice of Motion is an omnibus application
- Whether the application for extension of time can be filed before a single Judge
Reasoning
This Court's stand on omnibus applications is well established. The application is an omnibus application that mixes single Judge matters and full bench matters.
Outcome
The application is struck out.
Orders
- The applicant can file the application for extension of time before a single Judge and if that is not allowed, then an application for striking out can be made before a 3 Judge bench.
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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