Fleet Logistics Limited v Sigma Limited & 3 others (Civil Application E604 of 2024) [2025] KECA 357 (KLR) (28 February 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 357
- Citation
- [2025] KECA 357 (KLR)
- Decided
- 28 February 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for extension of time to file and serve a notice of appealCoramAO MUCHELULE
Holding
The application for extension of time to file and serve a notice of appeal is dismissed with costs.
Facts
Fleet Logistics Limited filed a suit against Sigma Limited and others for injunction and damages. The applicant was aggrieved by the judgment and filed a motion for leave to appeal. The court dismissed the motion and the applicant filed an application for extension of time to file and serve a notice of appeal.
Issues
- Whether the applicant's delay in filing a notice of appeal was inordinate and unreasonable.
- Whether the applicant's failure to file a notice of appeal in time was a waiver of its right to appeal.
Reasoning
The delay in filing the notice of appeal was about eight months, and the applicant's explanation for the delay was not reasonable or satisfactory.
Outcome
Application dismissed with costs
Authorities cited
Cases cited (1)
- Andrew Kiplagat Chemaringo -vs- Paul Kipkorir Kibet [2018]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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