SBM Bank (Kenya) Limited v Afrasia Bank Limited (Civil Application E359 of 2025) [2025] KECA 1652 (KLR) (9 October 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 1652
- Citation
- [2025] KECA 1652 (KLR)
- Decided
- 9 October 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to file a Notice of Appeal and apply for leave to appealCoramPO KIAGE, W. Karanja, Wilfrida Okwany
Holding
The application is allowed, and the applicant shall file and serve the application for leave to appeal within seven (7) days of the ruling.
Facts
The applicant sought to extend time to file and serve a Notice of Appeal and apply for leave to appeal against a judgment and decree of the High Court at Nairobi, delivered on 21st July 2022 in Misc. Appln. No. E386 of 2021. The application was premised on grounds of procedural delay and the introduction of the requirement for leave to appeal.
Issues
- Whether the application for extension of time to file and serve the Notice of Appeal and apply for leave to appeal should be granted.
- Whether the application is res judicata.
Reasoning
The court considered the applicant's reasons for delay and found them plausible, allowing the application despite procedural errors.
Outcome
The application is allowed.
Orders
- The applicant shall file and serve the application for leave to appeal within seven (7) days of the ruling.
Remedies
- The costs shall abide the outcome of the appeal.
Authorities cited
Legislation (3)
- Court of Appeal Rules
- Arbitration Act
- Uncitral Model Law on International Commercial Arbitration
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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