EWK v Jubilee Insurance Company Limited & another
The bottom line
#Kenya's Court of Appeal allowed a 43-day late appeal filing, showing short delays can be forgiven when no one objects or suffers harm.
What this practically means
#Executive summary
#Key legal issues
#Whether the delay of 43 days in filing the record of appeal, and four months in seeking extension, warranted exercise of discretion in the applicant's favour
The delay of about one and a half months was not inordinate; the reason was shaky but the respondents were not opposed and suffered no prejudice, so discretion was exercised in favour of the applicant.
The Court applied the Leo Sila Mutiso factors. It found the 43-day delay not inordinate by any standard. Although the explanation was described as shaky and unexplained delays of four months in moving the Court were noted, the absence of opposition and of discernible prejudice to the respondents, coupled with the overriding need to do justice, justified granting the extension.
Legal principles established
#- In exercising discretion to extend time, the Court considers the period of delay, the reason for the delay, the chances of the appeal succeeding, and the degree of prejudice to the respondent.
Court orders
#- 1.The application dated 30th August 2024 is allowed
- 2.No order as to costs
- On appeal from
- High Court at Nairobi
- HCCC No. 875 of 2005
- Jurisdiction invoked
- Rules 4 and 42 of the Court of Appeal Rules, 2022 (discretion to extend time)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "EWK v Jubilee Insurance Company Limited & another", Case Analysis (2024). Civil Appeal (Application) E254 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2024/1935/eng@2024-12-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.