Bethany Village Africa v Bank of Africa Kenya Limited [2021] KEHC 3963 (KLR)
- Court
- High Court of Kenya
- Case number
- 3963
- Citation
- [2021] KEHC 3963 (KLR)
- Decided
- 23 September 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil ApplicationPostureApplicant seeks extension of time for filing appealCoramH. I. ONG’UDI
Holding
The court finds that the delay was not inordinate and grants the application
Facts
The applicant filed a notice of motion seeking an extension of time for filing an appeal against a judgment of the Chief Magistrate's court. The application was filed 22 days after the time limit for filing an appeal had expired.
Issues
- Whether the applicant has met the threshold for extension of the time for filing appeal
- Whether the delay in filing the appeal was inordinate
Reasoning
The court considered the period of delay, the reason for the delay, the arguability of the appeal, and the importance of compliance with time limits. The court found that the delay was not inordinate and granted the application.
Outcome
The court grants the application for extension of time for filing appeal
Orders
- Extension of time for filing appeal granted
Authorities cited
Legislation (2)
- Civil Procedure Act
- Order 42 Rule 1 of the Civil Procedure Rules
Cases cited (2)
- Mwangi v Kenya Airways Ltd
- Joseph Njoroge v Reuben Waweru Mberia
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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