Mwanzia Kanyele v SBI International Holding Ag (KENYA) [2021] KEHC 2629 (KLR)
- Court
- High Court of Kenya
- Case number
- 2629
- Citation
- [2021] KEHC 2629 (KLR)
- Decided
- 22 October 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplicant seeks leave to file an appeal out of timeCoramJ. K. SERGON
Holding
The motion is allowed, and the applicant is granted leave to file an appeal out of time within 14 days from the date of the ruling.
Facts
Applicant filed a suit against the respondent for damages due to negligence. The respondent filed an application to dismiss the suit on the grounds of statute bar. The trial court dismissed the suit. The applicant then filed a motion for leave to file an appeal out of time.
Issues
- Whether there is sufficient cause to admit the appeal out of time
- Whether an arguable appeal exists
- Whether the applicant will suffer prejudice if the appeal is not allowed
Reasoning
The delay in filing the appeal was due to the applicant's advocate's inadvertence. The court found the explanation reasonable and granted the appeal.
Outcome
Appeal allowed
Orders
- Leave to file an appeal out of time within 14 days from the date of the ruling
- Costs of the application to abide the outcome of the appeal
Remedies
- Opportunity to challenge the trial court's dismissal order on appeal
Authorities cited
Legislation (2)
- Civil Procedure Act
- Employment Act
Cases cited (3)
- Thuita Mwangi v Kenya Airways Limited
- Growth Africa (K) Limited & another v Charles Muange Milu
- Blue Nile E. A. Ltd v Lydia Gode Yusuf & another
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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