TABAKI FREIGHT SERVICES INTERNATIONAL LIMITED v AOKO MIDIWO ODEMBO T/A BINTI LEGACY BOOKSHOP [2006] KEHC 271 (KLR)
- Court
- High Court of Kenya
- Case number
- 271
- Citation
- [2006] KEHC 271 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMisc Civil CasePostureApplication for leave to appeal out of timeCoramJ.L.A. OSIEMO
Holding
The application is allowed. The applicant to file appeal within 7 days from the date of this ruling. Costs to be costs in the appeal.
Facts
The plaintiff/applicant had applied for the material judgment to be typed to enable them to prepare the Memorandum of Appeal but did not receive the same until 3-10-05. The matter was heard on 7-4-04 and Judgment was delivered on 20-5-04, dismissing the applicant's claim.
Issues
- Whether to grant leave to appeal out of time
- Reasons for delay in filing the appeal
Reasoning
The court exercised its discretion to grant leave to appeal out of time, considering the length of delay, the reason for the delay, and the chances of appeal succeeding.
Outcome
Allowed
Orders
- The applicant to file appeal within 7 days from the date of this ruling
- Costs to be costs in the appeal
Authorities cited
Cases cited (3)
- LEO SILA MUTISO Vs. ROSE HELLEN WANGARI MWANGI – CIVIL APPLICATION NO. NAI 251 OF 1997
- GRINDLAYS BANK INTERNATIONAL (K) LTD. V. GEORGE BARBOOR – CIVIL APPLICATION NO. NAI – 251 OF 1995
- TRADE BANK LTD (In liquidation) V. LZ ENGINEERING CONSTRUCTION LTD AND ANOTHER – CIVIL APPLICATION NO. NAI. 282 OF 1998
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.
Loading judgment…