Southern Shield Holdings Limited v Titus Makhanu Associates Advocates & another (Civil Application E440 of 2025) [2026] KECA 120 (KLR) (30 January 2026) (Ruling)
- Court
- Court of Appeal
- Case number
- 120
- Citation
- [2026] KECA 120 (KLR)
- Decided
- 30 January 2026
The application is granted, and the applicant shall file and serve the record of appeal within 45 days of this ruling.
Facts
Southern Shield Holdings Limited filed an appeal against a High Court decision dated 27th September, 2024, but was late in instituting the appeal. The applicant requested typed proceedings and a certified copy of the order, which were not provided until 6th February, 2025 and 12th May, 2025 respectively.
Issues
- Whether the applicant's application for extension of time to file and serve a Record of Appeal is deserving
- Whether the respondents will suffer prejudice or inconvenience if the application is granted
Reasoning
The court exercised its discretion under Rule 4 of the Court of Appeal Rules, considering factors such as the period of delay, the reason for the delay, and the importance of compliance with time limits. The court found that the applicant's application was brought in the best interest of justice and fairness.
Outcome
The application is granted.
Orders
- The applicant shall file and serve the record of appeal within 45 days of this ruling
Remedies
- Costs of this application shall be in the intended appeal
Authorities cited
Legislation (2)
- Court of Appeal Rules
- Rules of Court
Cases cited (1)
- Fakir Mohamed v Joseph Mugambi & 2 others [2005] KECA 340 (KLR)
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