Kenya Commercial Bank Limited v Fisco (kenya) Limited & 1 other
The bottom line
#Kenya's Court of Appeal struck out KCB's appeal because it was filed too late, leaving the 1990 High Court decision against the bank standing.
What this practically means
#Executive summary
#Key legal issues
#Whether an appeal lodged out of time without a valid extension of time can proceed
The appeal was out of time and was struck out, adopting the reasons given by the same court in the companion appeal, Civil Appeal No. 110 of 1995
This one-page order incorporates by reference the court's reasons in Civil Appeal No. 110 of 1995, a companion appeal between the same parties. The court treated this appeal as 'also' out of time and, applying the same reasoning, struck it out. The substantive reasoning for refusing to entertain the out-of-time appeal resides in the companion judgment, not in this order.
Legal principles established
#- An appeal filed out of time will be struck out where no extension of time has been granted, consistent with the court's reasoning in the companion appeal Civil Appeal No. 110 of 1995
Court orders
#- 1.The appeal is struck out as out of time
- 2.No order as to costs
- On appeal from
- High Court of Kenya
- Consolidated CC. No. 2523 of 1983 & 533 of 1982
- Jurisdiction invoked
- Appeal to the Court of Appeal under the Constitution of Kenya and the Appellate Jurisdiction Act (provision not stated in the judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Commercial Bank Limited v Fisco (kenya) Limited & 1 other", Case Analysis (1996). Civil Appeal No. 111 of 1995. Source:
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.