Co-operative Bank of Kenya Limited v Owino alias Victor Brian Owino & 2 others (Civil Application E154 of 2024) [2025] KECA 344 (KLR)
The bottom line
#Kenya's Court of Appeal allowed Co-operative Bank to appeal a Kshs 1 million damages award, ruling a short, explained delay is not fatal to an appeal.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the applicant should be granted leave to file and serve a notice of appeal out of time
- 2.Whether the explanation for the delay was satisfactory and the delay inordinate
- 3.Whether the intended appeal has arguable grounds
- 4.Whether the respondents would suffer prejudice if the extension were granted
Key legal issues
#Whether the delay of under one month was satisfactorily explained
A delay of less than a month, explained by internal approvals and a change of advocates, is satisfactory.
The court counted the delay from the date the notice of appeal should have been filed and found it to be less than a month. The explanation that internal policy-making approvals delayed the decision to appeal and necessitated a change of counsel was accepted as satisfactory. A short delay, adequately explained, justifies the exercise of the rule 4 discretion in favour of the applicant.
Whether the intended appeal was arguable and whether the respondents would be prejudiced
The proposed grounds, concerning inconsistency of findings and an unreasoned increase in damages, were not frivolous, and no prejudice was shown given the absence of any response.
The intended appeal attacks the judge's finding of breach despite an earlier finding that the applicant may not have known the transaction was declined, and the doubling of damages without reasons. The court found these grounds not frivolous on their face. Since the application was served but drew no response, no prejudice to the respondents was demonstrated.
Legal principles established
#- In an extension-of-time application under rule 4, the applicant must explain the delay, show it is not inordinate, show the intended appeal is arguable, and show no undue prejudice to the respondent.
Court orders
#- 1.Leave granted to the applicant to file and serve the notice of appeal out of time
- 2.The applicant to file and serve the notice of appeal within 7 days
- 3.The applicant to thereafter file and serve the memorandum and record of appeal within 45 days
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- High Court at Bungoma
- Jurisdiction invoked
- Rule 4 of the Court of Appeal Rules, 2022 (extension of time to file notice of appeal)
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
I consider that the delay in bringing the application for extension of time was for less than a month, counting from the date the notice of appeal should have been filed. I consider the explanation as being satisfactory.
the Court will want the applicant to explain why he did not bring the notice of appeal within time; to show that the delay that the Court is dealing with is not inordinate; that the intended appeal has possible chances of success; and that the respondent will not be unduly prejudiced, if time to appeal extended
Accordingly, I allow the application. The applicant shall within 7 days, file and serve the notice of appeal and thereafter within 45 days, file and serve the memorandum and record of appeal.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Co-operative Bank of Kenya Limited v Owino alias Victor Brian Owino & 2 others (Civil Application E154 of 2024) [2025] KECA 344 (KLR)", Case Analysis (2025). Not stated in the judgment (application dated 24th October 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/344/eng@2025-02-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.