Corner Place Investment Limited v Kirima & 3 others (Civil Application E214 of 2025) [2026] KECA 98 (KLR) (30 January 2026) (Ruling)
- Court
- Court of Appeal
- Case number
- 98
- Citation
- [2026] KECA 98 (KLR)
- Decided
- 30 January 2026
The application is allowed. The notice of motion dated 7th February 2025 is struck out with costs to the 1st respondent. The applicant's application to change advocates is granted, and the applicant is ordered to properly lodge and serve the record of appeal within 14 days.
Facts
The applicant, Corner Place Investment Limited, filed a notice of appeal within time but did not file the appeal itself. The delay was attributed to dereliction of duty by previous advocates and difficulties in accessing the physical court file.
Issues
- Whether the applicant's application to extend time for filing an appeal out of time is competent and within the jurisdiction of the Court of Appeal.
- Whether the 1st respondent's assertion that the statutory period for filing the appeal had not lapsed is correct.
Reasoning
The Court of Appeal ruled that the statutory period for filing the appeal had not lapsed as of 5th February 2025, when the certificated delay was issued. The Court excused the applicant's misapprehension of the law and miscalculation of time.
Outcome
The application is allowed.
Orders
- Change of advocates for the applicant.
- Properly lodge and serve the record of appeal within 14 days.
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