Moindi t/a Sinende Wholesalers v Transnational Bank of Kenya Ltd & another (Civil Application E104 of 2025) [2026] KECA 2 (KLR) (16 January 2026) (Ruling)
- Court
- Court of Appeal
- Case number
- 2
- Citation
- [2026] KECA 2 (KLR)
- Decided
- 16 January 2026
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for extension of time to serve Notice of Appeal and Record of AppealCoramMA WARSAME
Holding
The application is hereby dismissed with costs to the Respondent.
Facts
The applicant filed a Notice of Appeal and Record of Appeal out of time due to incorrect email addresses. The 1st Respondent claimed the Notice of Appeal was filed after the deadline.
Issues
- Whether the applicant has demonstrated sufficient reason to warrant the grant of leave to serve the Notice of Appeal and Record of Appeal out of time.
- Whether the applicant's delay in service was due to honest typographical errors or deliberate action.
Reasoning
The respondent's evidence showed the Notice of Appeal was filed beyond the prescribed period. The applicant's delay was not due to honest typographical errors but due to prolonged inaction.
Outcome
Dismissed
Orders
- Application dismissed with costs to the Respondent.
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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