Ufanisi Freighters (k) Limited v I & M Bank Limited & 2 others
The bottom line
#Kenya's Court of Appeal struck out a bank's appeal because it served its Notice of Appeal 42 days late without explaining the delay.
What this practically means
#Executive summary
#Key legal issues
#Whether failure to serve a Notice of Appeal and letter requesting proceedings within the prescribed time is a fatal defect
Yes, where the delay is unexplained; the court struck out the Notice of Appeal served 42 days out of time
Rules 79(1) and 84(1) use the word 'shall' and are mandatory. The Notice of Appeal was lodged in time (a day after judgment), but service occurred 42 days after lodging. The blame attributed to the Deputy Registrar was unsupported, as the documents were signed on 3rd March 2023. The delay remained unexplained, and the pendency of a separate extension-of-time application did not save the notice.
Whether the court's discretion could be exercised in favour of the defaulting appellant
No; lack of good faith and an unexplained delay defeated the discretion
The court found it difficult to see good faith or seriousness in prosecuting the appeal. The 1st respondent shifted blame to the superior court's Deputy Registrar, which the record did not support. Although an extension-of-time application existed, the applicant was not served with the appeal and the extension application was filed after the instant striking-out application.
Legal principles established
#- Rules 79(1) and 84(1) of the Court of Appeal Rules are mandatory and a party must comply with the prescribed periods for service of a notice of appeal and letter requesting proceedings
Court orders
#- 1.The Notice of Appeal dated 3rd March 2023 be and is hereby struck out
- 2.Costs of this application shall be borne by the 1st respondent
- On appeal from
- High Court of Kenya at Mombasa
- HCCA No. 144 of 2021 - I & M Bank Limited vs. Ufanisi Freighters (K) Limited & 2 Others
- Jurisdiction invoked
- Sections 3A and 3B of the Appellate Jurisdiction Act and rules 79(1), 84 and 86 of the Court of Appeal Rules, 2022
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Magnoy Communications Ltd v Absa Bank Kenya Plc & 1 other[2026] KECA 705 (KLR)25 Mar 2026
Cite this brief
#Cite this brief
Caselaw, "Ufanisi Freighters (k) Limited v I & M Bank Limited & 2 others", Case Analysis (2025). Civil Application No. E064 of 2023 (as arising from Mombasa HCCA No. 144 of 2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/296/eng@2025-02-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.