Sciborski v Golden Century Limited (Civil Application E367 of 2024) [2025] KECA 1163 (KLR) (20 June 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 1163
- Citation
- [2025] KECA 1163 (KLR)
- Decided
- 20 June 2025
The court allowed the motion for extension of time, deeming the Notice of Appeal as duly filed and extending the time to serve it on the respondent.
Facts
The appellant, Prof. Romuald J. Sciborski, sought an extension of time to file a Notice of Appeal against the ruling and orders of the High Court of Kenya at Nairobi (Mongare J), dated 12th February 2024, in Milimani Commercial & Tax Division Misc Case No. E068 of 2023. The appellant's advocates filed a Notice of Appeal on 14th February 2024 but were unable to serve it on the respondent due to delays in obtaining a stamped copy from the Registry.
Issues
- Whether the delay in filing the Notice of Appeal was justifiable
- Whether the motion for extension of time should be granted
Reasoning
The court found that the delay in filing the Notice of Appeal was due to the Registry's failure to provide a stamped copy of the judgment and proceedings, and that the reasons given for the delay were reasonable.
Outcome
The motion for extension of time was granted.
Orders
- The Notice of Appeal filed on 14th February, 2024, and served on 16th July, 2024, is deemed to have been properly served.
- The applicant shall proceed to file the intended appeal within 30 days from the date of this ruling, failure to which, these orders shall stand vacated.
Remedies
- Extension of time to file the Notice of Appeal
Authorities cited
Legislation (2)
- Appellate Jurisdiction Act
- Court of Appeal Rules 2022
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