Roopra t/a Motorways Constructions v Shreeji Enterprises (K) Limited (Civil Application E477 of 2024) [2025] KECA 680 (KLR) (11 April 2025) (Ruling)

Facts

The applicant, Narinder Singh Roopra t/a Motorways Constructions, filed a suit against the respondent, Shreeji Enterprises (K) Limited, in December 2003. The respondent sought judgment for Kshs.6,500,000 in respect of the balance of the purchase price of three lorries. The applicant denied the claim and filed a counterclaim for a refund of Kshs.1,000,000 deposit and special damages.

Issues

1. Whether the applicant's delay in filing a Notice of Appeal and applying for a copy of proceedings is satisfactorily explained.
2. Whether the Court should exercise its discretion in favour of the applicant to extend the time for filing the Notice of Appeal and applying for a copy of proceedings.

Reasoning

The applicant's delay of over 17 months after the hearing was concluded and a further two months for the application to be filed is not satisfactorily explained. The Court does not consider this a proper case for the exercise of discretion in favour of the applicant.

Outcome

Application declined and dismissed with costs to the respondent.