Argos Furnishers Ltd v Musila & 37 others (Civil Application E644 of 2025) [2026] KECA 508 (KLR) (13 March 2026) (Ruling)

Facts

The applicant company, Argos Furnishers Ltd, instructed its then counsel to file an appeal after the judgment was delivered on 30 October 2020. However, the illness of the company's matriarch, Indira Rajinikant Shah, and her subsequent death, along with the stress and health complications of the applicant's director, Shusheel Shah, led to a communication breakdown and the failure to file the record of appeal in time.

Issues

1. Whether the applicant can be granted extension of time to file a memorandum of appeal and record of appeal outside the time limit
2. Whether the failure to file the record of appeal was due to unforeseen circumstances

Reasoning

The court finds that the illness of the company's matriarch and the subsequent health complications of the applicant's director led to a communication breakdown and the failure to file the record of appeal in time, which were unforeseen circumstances.

Outcome

Application granted