Excellent Logistics Limited & 4 others v Kenya Commercial Bank Limited (Civil Application E673 of 2025) [2026] KECA 486 (KLR) (6 March 2026) (Ruling)
- Court
- Court of Appeal
- Case number
- 486
- Citation
- [2026] KECA 486 (KLR)
- Decided
- 6 March 2026
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for leave to file the Record of Appeal out of timeCoramJ. O. Okello
Holding
The application is allowed, and the applicant is given seven days to formally file the memorandum and record of appeal.
Facts
The applicants filed a Notice of Appeal within the stipulated time but applied for extension of time to file the Record of Appeal out of time due to various reasons including the delay in obtaining the proceedings and the belief that the appeal has high chances of success.
Issues
- Whether to grant extension of time to file the Record of Appeal out of time
- Whether the appeal has high chances of success
Reasoning
The court found that the applicants provided plausible reasons for the delay and that the appeal has high chances of success. The court exercised its discretion to grant the application.
Outcome
The application is allowed.
Orders
- The Notice of Motion dated 15th November, 2025 is allowed.
- The applicant is given seven days to formally file the memorandum and record of appeal and serve it accordingly.
- There are no orders as costs.
Remedies
- Extension of time to file the Record of Appeal out of time
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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