Formax Insurance Brokers Limited v Glory Hotels & Investments Limited [2020] KECA 576 (KLR)
The bottom line
#Kenya's Court of Appeal gave Formax Insurance Brokers more time to file its appeal record, showing courts will extend deadlines when delays are properly explained.
What this practically means
#Executive summary
#Key legal issues
#Extension of time to file and serve a record of appeal
Extension granted where the notice of appeal was filed within time, the certified-proceedings period is excluded under Rule 82, the residual unexplained delay was not inordinate, and the respondent did not object.
The court computed time using the certificate of delay, excluding the period the Deputy Registrar certified as necessary for typing proceedings and judgment. It isolated the only unexplained segment (25th November to 6th December 2019), found it not inordinate, noted the absence of a replying affidavit or opposition by the respondent, and exercised its Rule 4 discretion in the applicant's favour.
Legal principles established
#- The Court's discretion under Rule 4 to extend time must be exercised judicially, taking into account whether the notice of appeal was filed within time, the explanation for the delay, and prejudice to the respondent.
Court orders
#- 1.Extension of time for the applicant to file and serve the record of appeal against the judgment delivered on 4th July, 2019 within 30 days from the date of the ruling
- 2.Costs of the application to the respondent
- On appeal from
- High Court
- Jurisdiction invoked
- Rule 4 of the Court of Appeal Rules (inherent extension-of-time jurisdiction)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Formax Insurance Brokers Limited v Glory Hotels & Investments Limited [2020] KECA 576 (KLR)", Case Analysis (2020). Notice of motion dated 2nd December, 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2020/576/eng@2020-06-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.