MWALIMU CO-OPERATIVE SAVINGS & CREDIT SOCIETY LTD V KENYA ALLIANCE INSURANCE COMPANY LTD [2006] KEHC 3288 (KLR)
- Court
- High Court of Kenya
- Case number
- 3288
- Citation
- [2006] KEHC 3288 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for extension of time to file an applicationCoramH.P.G. WAWERU
Holding
The application for extension of time to file the application is granted, and the application by chamber summons dated 11th November, 2004 is deemed to have been duly filed.
Facts
The Defendant filed an application under Order 6, Rule 13 of the Civil Procedure Rules, but it was filed out of time. The Defendant sought an extension of time to regularize the filing of the application.
Issues
- Whether the Defendant's application for extension of time should be granted
- Whether the Defendant's application should be deemed to have been duly filed
Reasoning
The court found the delay to be inadvertent, excusable, and not inordinate. The court also found that the Defendant had provided a sufficient explanation for the delay.
Outcome
The application for extension of time to file the application is granted.
Orders
- The application by chamber summons dated 11th November, 2004 is deemed to have been duly filed
Remedies
- The costs of the application are awarded to the Plaintiff
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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