Odindo (Suing as the Administrator and Legal Representative of the Estate of George Ismael Odindo - Deceased) v National Bank of Kenya Limited & 2 others (Civil Application E596 of 2025) [2026] KECA 544 (KLR) (13 March 2026) (Ruling)

Facts

The applicant, Eric O. Odindo, sought review of the orders made on 7th July 2010 dismissing his Civil Suit No 445 of 2007. The High Court dismissed his application dated 12th June, 2010 for review on the grounds that the review jurisdiction of the court had not been properly invoked as the applicant had failed to set out the grounds of the application in the notice of motion application.

Issues

1. Review of the High Court's decision on the grounds of improper invocation of review jurisdiction
2. Extension of time to file an appeal out of time

Reasoning

The Court of Appeal ruled that the applicant's notice of appeal was lodged on 26th June, 2024, and that he did not serve the respondent with the required documents within sixty days of lodging the notice of appeal as required by the Court of Appeal Rules 2022.

Outcome

Denied