Rai Plywoods (K) Limited v Kamau (Civil Application E025 of 2024) [2024] KECA 841 (KLR)

The issues the Court set itself to decide, in its own words.

1. 1.Whether the applicant should be granted extension of time to file and serve the notice of appeal, memorandum of appeal and record of appeal out of time
2. 2.Whether the delay from the date of the judgment (7th March 2024) to the date of the application was inordinate
3. 3.Whether the explanation for the delay was plausible and satisfactory
4. 4.Whether the respondent would be prejudiced if the extension was granted

• Rule 4 of the Court of Appeal Rules confers an unfettered discretion to extend time for doing any act authorised or required by the Rules, on such terms as the Court thinks just
• In deciding whether to extend time for appealing, the court considers the length of the delay, the reason for the delay, the chances of the appeal succeeding, and the degree of prejudice to the respondent

1. 1.Extension of time to file and serve the notice of appeal, record of appeal and memorandum of appeal granted
2. 2.Applicant to file the notice of appeal, record of appeal and memorandum of appeal within 14 days of 19th July 2024
3. 3.Applicant to serve the notice of appeal, record of appeal and memorandum of appeal within 14 days from the date of filing
4. 4.Costs of the application to be costs in the appeal

One judgment of the whole court — no separate or dissenting opinions.

Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.