Oceanview Plaza Limited v C.B. Gor & Gor (Civil Application E077 of 2025) [2026] KECA 41 (KLR) (30 January 2026) (Ruling)
- Court
- Court of Appeal
- Case number
- 41
- Citation
- [2026] KECA 41 (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 an appealCoramGW NGENYE-MACHARIA, JA
Holding
The court grants the application for extension of time
Facts
The applicant, Oceanview Plaza Limited, seeks to appeal a decision from the Mombasa High Court Miscellaneous Civil Application No. 75 of 2020, but filed the appeal out of time due to a delay in confirming the status of a security deposit.
Issues
- Whether the court should grant an extension of time to file the appeal
- The factors the court should consider in granting an extension of time
Reasoning
The court considers the factors laid down by the Supreme Court in Nicholas Kiptoo arap Korir Salat v Independent Electoral and Boundaries Commission & 7 others (2014) eKLR and finds that the applicant has a reasonable basis for the delay.
Outcome
The court grants the application for extension of time
Orders
- Grant leave to file and serve a Notice of Appeal and Record of Appeal out of time
- Deem the Notice of Appeal as duly filed and properly on record
- Deem the amended Memorandum of Appeal as duly filed upon payment of the requisite filing fees
- Costs of, and incidental to, this application do abide the outcome of the intended appeal
Authorities cited
Legislation (3)
- Article 159(2) of the Constitution
- Rules 4, 41 and 49 of the Court of Appeal Rules, 2022
- Sections 3, 3A and 63 (e) of the Civil Procedure Act
Cases cited (1)
- Nicholas Kiptoo arap Korir Salat v Independent Electoral and Boundaries Commission & 7 others (2014) eKLR
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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