Transhaul Logistics Ltd v Afristonex Importers Ltd (Application E816 of 2022) [2024] KEHC 1202 (KLR) (Commercial and Tax) (9 February 2024) (Ruling)
- Court
- High Court of Kenya
- Case number
- 1202
- Citation
- [2024] KEHC 1202 (KLR)
- Decided
- 9 February 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeApplicationPostureApplication for leave to appeal out of timeCoramFG MUGAMBI, Ringera
Holding
The application is allowed on the grounds that the omission in the affidavit was inadvertent and does not prejudice the adverse party.
Facts
Transhaul Logistics Ltd sought to set aside the judgment of 24th June 2022 and for leave to file their appeal out of time due to the absence of their counsel and the delay in obtaining a copy of the contested judgment.
Issues
- Whether the application dated 10th November 2022 is fatally defective on account of its supporting affidavit being incompetent for want of capacity by the deponent.
- Whether the prayer for extension of time to file the appeal out of time is merited.
Reasoning
The omission in the affidavit was an inadvertent error and does not go to the jurisdiction of the court. The applicant is allowed to amend the affidavit and the application is determined on merit.
Outcome
Application allowed
Orders
- Amendment of the affidavit by the applicant to include the word 'director of'
Authorities cited
Legislation (2)
- Civil Procedure Act
- Constitution of Kenya
Cases cited (2)
- Microsoft Corporation v Mitsumi Computer Garage Ltd & Another
- Nicholas Kiptoo Arap Korir Salat v The Independent Electoral and Boundaries Commission & 7 Others
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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