Chande v Kenya Ports Authority (Civil Application E105 of 2024) [2025] KECA 753 (KLR) (9 May 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 753
- Citation
- [2025] KECA 753 (KLR)
- Decided
- 9 May 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to file an Appeal out of timeCoramF. TUIYOTT, JA
Holding
The application is allowed, and the appeal record is deemed properly filed.
Facts
The applicant, Saïdi Abdalla Chande, sought an extension of time to file an appeal against the judgment of Monica Mbaru, J. in Mombasa ELRC Cause No. E087 of 2023. The applicant claimed that she was unable to access the judgment and proceedings due to registry staff issues, and that she filed the appeal record promptly after receiving certified copies on 29th June 2024.
Issues
- Whether the applicant's delay in filing the appeal record was due to circumstances beyond her control
- Whether the applicant's appeal record was filed within the prescribed time limit
Reasoning
The Court exercised its discretion to grant the extension of time, finding that the applicant's delay was not inordinate and was explained by the registry staff issues. The Court also noted that the appeal record was filed within 60 days of the deadline.
Outcome
The application is allowed.
Orders
- The application for extension of time to file an appeal is allowed.
- The memorandum of appeal and record of appeal already filed in Civil Appeal No. E150 of 2024 are deemed as properly filed.
Remedies
- Costs in the appeal are awarded to the applicant.
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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