Abdi v National Bank of Kenya Limited; Abdi (Interested Party) (Civil Application E178 of 2025) [2025] KECA 1460 (KLR) (31 July 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 1460
- Citation
- [2025] KECA 1460 (KLR)
- Decided
- 31 July 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for extension of time to file the record of appealCoramJ. MOHAMMED
Holding
The Court granted the application for extension of time to file the record of appeal.
Facts
Mariam Abdi filed a notice of motion seeking an extension of time to file the record of appeal against the judgment of the High Court delivered on September 28, 2022. The respondent is National Bank of Kenya Limited, and Ali Mohamed Abdi is an interested party.
Issues
- Whether the applicant has a good explanation for the delay in filing the appeal
- Whether the delay is inordinate
- Whether the respondent will suffer prejudice if an extension of time is granted
- Whether the intended appeal has good prospects of success
Reasoning
The Court exercised its discretion to grant the extension of time, considering the applicant's explanation for the delay and the lack of prejudice to the respondent.
Outcome
The Court granted the application for extension of time to file the record of appeal.
Orders
- Extension of time to file the record of appeal
Authorities cited
Legislation (1)
- Court of Appeal Rules
Cases cited (3)
- Fakir Mohamed v Joseph Mugambi & 2 others [2005] eKLR
- Bains Construction Co. Ltd. –v- John Mzare Ogowe [2011] eKLR
- Habo Agencies Limited –v- Wilfred Odhiambo Musingo [2015] eKLR
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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