Crescent Construction Co. Ltd v Delphis Bank Limited [2001] KECA 175 (KLR)
The bottom line
#Kenya's Court of Appeal ruled that time spent pursuing a first appeal doesn't count as delay when re-filing after that appeal is struck out.
What this practically means
#Executive summary
#Key legal issues
#Whether the delay in filing the extension application justified denying the applicant an extension of time
The only relevant delay was the short period between the striking out of the earlier appeal and the filing of the motion, which did not warrant refusing the extension.
The court distinguished between the period from the original ruling (15th December 1998) to the striking out of the earlier appeal (19th February 2001), during which a valid appeal was on file and no delay needed explanation, and the brief period from 21st February 2001 to 5th March 2001. That short interval did not constitute delay sufficient to deny the applicant its right of appeal, so the discretion was exercised in the applicant's favour subject to strict compliance timelines.
Legal principles established
#- Where a prior appeal was lodged and struck out, delay is measured only from the striking out of that appeal to the filing of the new application, not from the original decision.
- The Court of Appeal's discretion on extension of time should ordinarily be exercised so as to preserve a litigant's undoubted right of appeal where the delay is not substantial.
Court orders
#- 1.The applicant to lodge its notice of appeal and serve the respondent within seven days of the date of the ruling
- 2.The record of appeal to be lodged within fourteen days from the date the notice of appeal is lodged in court
- 3.Costs of the motion to be in the intended appeal
- 4.If the applicant fails to comply with orders one and two within the stipulated periods, the motion shall stand dismissed with costs without further orders of the court
- On appeal from
- High Court of Kenya at Nairobi
- H.C.C.C. No. 4082 of 1994
- Jurisdiction invoked
- Inherent discretion of the Court of Appeal under the Appellate Jurisdiction Act and the Court of Appeal Rules to extend time for filing notice and record of appeal (provision not expressly cited in the ruling)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Crescent Construction Co. Ltd v Delphis Bank Limited [2001] KECA 175 (KLR)", Case Analysis (2001). Civil Application No. Nai. 54 of 2001. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2001/175/eng@2001-06-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.