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Amazon Motors Limited v Kihura (Civil Application E329 of 2024) [2025] KECA 529 (KLR) (21 March 2025) (Ruling)

[2025] KECA 529 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
529
Citation
[2025] KECA 529 (KLR)
Decided
21 March 2025
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for leave to file a notice of appeal and record of appeal out of timeCoramMUMBI NGUGI
Holding

The application is allowed, and the applicant shall file and serve its notice of appeal within 14 days and its record of appeal within 60 days of filing the notice of appeal.

Facts

Amazon Motors Limited was dissatisfied with the decision of the trial court and sought to file an appeal, but was unable to do so due to difficulties in convening a board meeting.

Issues

  1. Whether the delay in filing the notice of appeal is inordinate
  2. Whether the applicant has an arguable appeal

Reasoning

The court found the delay to be reasonable given the nature of the matter and the fact that the impugned judgment was on a test case in a series of seven arising from the same or similar facts.

Outcome

The application is allowed.

Orders

  • The applicant shall file and serve its notice of appeal within 14 days hereof
  • The applicant shall file and serve its record of appeal within 60 days of filing the notice of appeal
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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