African China Motor Group Limited v PN Mashru Limited (Civil Appeal (Application) E137 of 2024) [2025] KECA 1542 (KLR) (3 October 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 1542
- Citation
- [2025] KECA 1542 (KLR)
- Decided
- 3 October 2025
The motion is dismissed with costs to the Respondent as the Applicant failed to satisfy the requirements of rule 4 and the delay in filing the Memorandum and Record has not been satisfactorily explained.
Facts
The Applicant, African China Motor Group Limited, sought leave to appeal out of time against the Judgment of the High Court of Kenya in Mombasa delivered in favour of the Respondent, PN Mashru Limited on 15th March 2024. The delay in filing the appeal was due to the Applicant's Advocates not being able to collect certified copies of the Judgment and proceedings on time.
Issues
- Whether the Applicant has explained the delay in filing the Memorandum and Record of appeal
- Whether the appeal has any measure of success
Reasoning
The Court found the explanation provided by the Applicant to be insufficient and dismissed the motion for extension of time to file the Memorandum and Record of appeal.
Outcome
The motion is dismissed with costs to the Respondent.
Orders
- The motion for leave to appeal out of time and extension of time to file and serve the Memorandum of appeal is dismissed
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