Gichimo v Kenya Ordinance Factories Corporation (Civil Appeal (Application) E017 of 2021) [2025] KECA 1196 (KLR) (4 July 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 1196
- Citation
- [2025] KECA 1196 (KLR)
- Decided
- 4 July 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureReference under rule 55 of the Court of Appeal Rules, 2010 from the Ruling of Laibuta, JA.CoramAg., GV ODUNGA, Laibuta, Wasilwa
Holding
The court allowed the reference and directed the applicant to file and serve the record of appeal within 30 days from the date of the ruling.
Facts
Anne Gichimo filed her Notice of Appeal on 5th November 2018, but the typed proceedings were collected by a clerk on 5th November 2019 and filed without her knowledge. She filed an application for extension of time in May 2020 due to the Covid-19 protocols.
Issues
- Whether the delay in filing the record of appeal was justifiable
- Whether the grounds of the intended appeal were arguable
Reasoning
The court found the delay to be inordinate and unjustified, and the grounds of the appeal were not arguable.
Outcome
The reference is allowed.
Orders
- The applicant is directed to file and serve the record of appeal within 30 days from the date of the ruling.
Authorities cited
Cases cited (4)
- Leo Sila Mutiso v Helen Wangari Mwangi [1999] 2 EA p231
- Fakir Mohammed v Joseph Mugambi and 2 others [2005] eKLR
- Wasike v Swala [1984] KLR p591
- Bhaichan Ghagwanji Shah v D Jamnadas & Co. Ltd [1959] EA 838
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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