County Government of Mombasa v Shazmeer Enterprises Limited (Civil Application E092 of 2024) [2025] KECA 1539 (KLR) (3 October 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 1539
- Citation
- [2025] KECA 1539 (KLR)
- Decided
- 3 October 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureCounty Government of Mombasa seeks leave to file an appeal out of time against the Judgment of the High Court of Kenya in Mombasa delivered in favour of the Respondent, Shazmeer Enterprises Limited.CoramAK MURGOR, L.L. Naikuni, Nyarangi
Holding
The Notice of Appeal was struck out, and the application for extension of time to file an appeal out of time is dismissed.
Facts
The County Government of Mombasa filed a Notice of Appeal on 5th June 2024, two days after the Judgment was delivered on 20th May 2024. The Respondent had already filed a motion to strike out the Notice of Appeal due to it being out of time.
Issues
- Whether the Notice of Appeal was filed out of time.
- Whether the Notice of Appeal should be deemed as properly filed.
Reasoning
The Notice of Appeal was filed two days after the Judgment was delivered, which was beyond the deadline. The Court allowed the Respondent's motion to strike out the Notice of Appeal.
Outcome
The application for extension of time to file an appeal out of time is dismissed.
Orders
- The Notice of Appeal dated 5th June 2024 is struck out.
- The application for extension of time to file an appeal out of time is dismissed with costs to the Respondent.
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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