SheriaNet for Android — search and read Kenyan case law from your phone, offline.
Join the beta →

Wasini Island Limited v Farways Safaricentre Limited [2015] KEHC 5269 (KLR)

[2015] KEHC 5269 (KLR) High Court of Kenya
Read PDF
Court
High Court of Kenya
Case number
5269
Citation
[2015] KEHC 5269 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a decision of the Senior Magistrate's CourtCoramMARY KASANGO
Holding

The appeal is granted and the appeal is admitted out of time.

Facts

The appellant filed an appeal against the decision of the Senior Magistrate's Court on May 16, 2012, but filed the appeal out of time. The appellant sought leave to file the appeal out of time.

Issues

  1. Whether the appellant's appeal was filed out of time
  2. Whether the appellant's application for leave to file the appeal out of time was valid

Reasoning

The court ruled that the appellant's appeal was filed out of time and that the application for leave to file the appeal out of time was in error. The court granted the appellant leave to file the appeal out of time.

Outcome

The appeal is granted and the appeal is admitted out of time.

Orders

  • Appellant is granted leave to file its appeal against the decision in Mombasa SRMCC No. 143 of 2011 of 16th May 2012 out of time. In that regard the appeal filed herein is admitted out of time.

Authorities cited

Legislation (2)
  • Civil Procedure Act Cap 21
  • Appellant Jurisdiction Cap 9
Cases cited (1)
  • GERALD M’LIMBINE –Vs- JOSEPH KANGANGI [2009]eKLR
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.
Full judgment 0.1 MB · PDF

Loading judgment…

Cite this case


        
        
      

Share this case