Kenya National Higway Authority v SBI International Holdings (Kenya) (Civil Application E382 of 2025) [2026] KECA 402 (KLR) (27 February 2026) (Ruling)
- Court
- Court of Appeal
- Case number
- 402
- Citation
- [2026] KECA 402 (KLR)
- Decided
- 27 February 2026
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for extension of time to file Notice of Appeal out of time and stay of execution pending an appealCoramW. KARANJA
Holding
The application is allowed, and the Notice of Appeal dated 2nd May 2025 is deemed to have been filed within time. The notice is to be served on the respondent within 7 days from the date of the ruling, and the record of appeal is to be served within 14 days of the notice.
Facts
The applicant, Kenya National Higway Authority, sought an extension of time to file a Notice of Appeal out of time and a stay of execution of a ruling by Hon. Justice V. M. Mochache. The applicant claimed the delay in filing the Notice of Appeal was not inordinate and was excusable.
Issues
- Whether the application for extension of time to file Notice of Appeal out of time is merited.
- Whether the application for stay of execution is valid.
Reasoning
The court considered the law and the facts, concluding that the delay was not inordinate and was excusable, thus allowing the application.
Outcome
The application is allowed.
Orders
- Order that the Notice of Appeal dated 2nd May 2025 is deemed to have been filed within time.
- Order that the notice be served on the respondent within 7 days from the date of the ruling.
- Order that the record of appeal be served within 14 days of the notice of appeal.
Remedies
- Extension of time to file Notice of Appeal out of time and stay of execution pending an appeal
Authorities cited
Cases cited (1)
- Mwangi -vs- Kenya Airways Ltd (2003) KRL 486
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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