Delmonte Kenya Limited v Kariuki (Civil Application E015 of 2021) [2026] KECA 245 (KLR) (13 February 2026) (Ruling)
- Court
- Court of Appeal
- Case number
- 245
- Citation
- [2026] KECA 245 (KLR)
- Decided
- 13 February 2026
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for extension of time to file and serve the Notice of Appeal and Record of AppealCoramD. K. MUSINGA, MUMBI NGUGI, G. V. ODUNGA
Holding
The application is allowed, and the applicant is granted an extension of time to file and serve the Notice of Appeal and Record of Appeal.
Facts
Delmonte Kenya Limited sought an extension of time to file and serve the Notice of Appeal and Record of Appeal against Patrick Njuguna Kariuki's judgment in Industrial Court Cause No. 953 of 2011, dated 26th October 2012. The decretal amount of Kshs. 8,863,282.20 was released to the respondent in satisfaction of the decree.
Issues
- Whether the applicant had an arguable appeal
- Whether the single judge failed to consider relevant factors in dismissing the application
Reasoning
The single judge failed to consider relevant factors, including rulings of this court annexed to the application, and the applicant's intent to pursue the appeal.
Outcome
The application is allowed.
Orders
- Extension of time to file and serve the Notice of Appeal and Record of Appeal
Remedies
- Extension of time to file and serve the Notice of Appeal and Record of Appeal
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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