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Corporate Insurance Company Ltd v Kellann Wanjiku Njiriri [2021] KEHC 6042 (KLR)

[2021] KEHC 6042 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
6042
Citation
[2021] KEHC 6042 (KLR)
Decided
10 June 2021
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeApplication for Extension of Time to File Notice of AppealPostureApplication granted
The court extended the time for filing the Notice of Appeal and ordered the costs to be provided for the application.

Facts

The judgment was delivered on 19 May 2020, but the defendant's counsel was not notified through an email link. The defendant's counsel learned about the judgment from a letter dated 1 July 2020 sent by the plaintiff's counsel.

Issues

  • Whether to extend time for filing an appeal
  • Whether the defendant's delay in filing an appeal was intentional

Reasoning

The court considered the discretionary powers of the court to extend time for filing an appeal, citing case law to explain the factors to be considered. The court found that the defendant's delay was not intentional and that neither the respondent nor the interested party would be prejudiced if the orders were granted.

Outcome

Application granted

Orders

  • To extend the time for filing the Notice of Appeal
  • To provide costs for the application

Remedies

  • Extension of time for filing the Notice of Appeal

Authorities cited

Legislation (3)
  • Civil Procedure Code
  • Court of Appeal Rules
  • Appellate Jurisdiction Act
Cases cited (9)
  • Vishva Stone Suppliers Company Limited v RSR Stone
  • Edith Gichugu Koine vs. Stephen Njagi Thoithi
  • Nyaigwa Farmers' Co-operative Society Limited vs. Ibrahim Nyambare & 3 Others
  • Hon. John Njoroge Michuki & Another vs. Kentazuga Hardware Limited
  • Cargil Kenya Limited Nawal vs. National Agricultural Export Development Board
  • Paul Wanjohi Mathenge vs. Duncan Gichane Mathenge
  • Richard Nchapi Leiyagu vs. IEBC & 2 Others
  • Githere vs. Ndiriri
  • Nicholas Kiptoo Arap Korir Salat versus Independent Electoral and Boundaries Commission & 7 others
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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