Midland Construction Co Limited v Bachulal Popatial (K) Limited & another (Civil Application E104 of 2025) [2026] KECA 25 (KLR) (22 January 2026) (Ruling)
- Court
- Court of Appeal
- Case number
- 25
- Citation
- [2026] KECA 25 (KLR)
- Decided
- 22 January 2026
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time to file the notice of appealCoramLK KIMARU, Musyoka B.
Holding
The application has merit and is hereby allowed. The applicant is granted leave to lodge the notice of appeal out of time.
Facts
Midland Construction Co Limited filed a notice of motion seeking leave to file the notice of appeal out of time due to the illness of its director, which prevented timely filing. The 2nd respondent opposed the application, arguing that the appeal has no merit as the decree has been executed.
Issues
- Whether the applicant is entitled to the exercise of this Court’s discretion to grant leave to file the notice of appeal out of time.
- Whether the delay in filing the notice of appeal is inordinate and excusable.
Reasoning
The Court considered the reason for the delay, the length of the delay, and the chances of the appeal succeeding. The delay of ten days is not inordinate and the reason for the delay is excusable.
Outcome
The application is allowed.
Orders
- The applicant is granted leave to lodge the notice of appeal out of time.
- The said notice of appeal shall be filed and served within fourteen (14) days of today’s date.
- The record of appeal shall be filed and served within forty-five (45) days of the service of the notice 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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