KANYOTTA HOLDINGS LIMITED v KENYA SHELL LIMITED [2012] KEHC 607 (KLR)
- Court
- High Court of Kenya
- Case number
- 607
- Citation
- [2012] KEHC 607 (KLR)
- Decided
- 21 November 2012
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPosturePreliminary objection on jurisdictionCoramA. MABEYA
Holding
The preliminary objection fails, and the Defendant's Notice of Motion is fixed for hearing.
Facts
The Plaintiff filed a notice of motion against the Defendant, seeking to extend time for filing a Notice of Appeal. The Defendant opposed the motion, citing a pending application in the Court of Appeal.
Issues
- Whether the court has jurisdiction to grant the orders sought in the defendant's motion
- Whether the pending application in the Court of Appeal bars the prosecution of the application
Reasoning
The court found the objection to be a pure point of law and not a matter of fact. The court exercised its discretion under Section 7 of the Appellate Jurisdiction Act to extend the time for filing a Notice of Appeal.
Outcome
The Plaintiff's application for extension of time is allowed.
Orders
- The Defendant's Notice of Motion dated 13th August, 2012 is fixed for hearing on a date agreed by the parties.
Authorities cited
Legislation (2)
- Section 7 of the Appellate Jurisdiction Act Cap 9 Laws of Kenya
- Rule 80 of the Court of Appeal Rules
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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