Sirgoi Holdings Limited & another v Sitienei (Civil Application E188 of 2025) [2026] KECA 160 (KLR) (30 January 2026) (Ruling)
- Court
- Court of Appeal
- Case number
- 160
- Citation
- [2026] KECA 160 (KLR)
- Decided
- 30 January 2026
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for extension of time to file and serve the record of appeal and stay of executionCoramHA OMONDI, JA
Holding
The Court grants the extension of time to file and serve the record of appeal within fourteen (14) days of the judgment date.
Facts
The applicants, Sirgoi Holdings Limited and The Board of Directors, failed to file and serve the record of appeal within the prescribed time due to the unavailability of their counsel, who was caring for a terminally ill parent. They filed the application within seven days of discovering the delay.
Issues
- Extension of time to file and serve the record of appeal
- Stay of execution pending appeal
Reasoning
The Court acknowledges the applicants' efforts to initiate the appeal process promptly and diligently, and the unavailability of their counsel due to caregiving duties. The Court exercises its unfettered discretion to extend the time for filing the record of appeal.
Outcome
Extension of time granted
Orders
- Extension of time to file and serve the record of appeal within fourteen (14) days of the judgment date
Authorities cited
Legislation (2)
- Civil Procedure Act
- Court of Appeal Rules, 2022
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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