Automarks Industries (k) Limited v Commissioner of Customs & Border Control
The bottom line
#Kenya's Court of Appeal gave Automarks Industries more time to challenge an earlier appeal decision, accepting its managing director's illness as a good enough excuse for the delay.
What this practically means
#Executive summary
#Key legal issues
#Principles governing extension of time under Rule 4 of the Court of Appeal Rules
The Court has wide and unfettered discretion, to be exercised judiciously, taking into account the length of the delay, the reason for the delay, the chances of the appeal succeeding, and the degree of prejudice to the respondent.
The court restated the settled guidelines from Mwangi v Kenya Airways Limited and Leo Sila Mutiso v Rose Hellen Wangari Mwangi. It found the applicant's explanation - the indisposition of its India-based Managing Director, evidenced by a doctor's report covering 20th May to 30th September 2024 - to be a plausible reason for the delay, and noted the respondent suffered no prejudice and that security of Kshs 4,000,000 remained deposited in court.
Legal principles established
#- In deciding an application under Rule 4 for extension of time, the Court has wide but judicious discretion, guided by the length of the delay, the reason for the delay, the chances of the appeal succeeding, and the degree of prejudice to the respondent.
Court orders
#- 1.Leave granted to the applicant to apply in writing to the registrar for reference of the decision of the Single Judge made on 31st May 2024 to the full Bench
- 2.Costs of the motion to abide the outcome of the intended reference
- On appeal from
- Court of Appeal (decision of a Single Judge, M'Inoti JA)
- Application dated 10th November 2023
- Jurisdiction invoked
- Rule 4 of the Court of Appeal Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Automarks Industries (k) Limited v Commissioner of Customs & Border Control", Case Analysis (2025). Motion on notice dated 19th October 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1204/eng@2025-07-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.