Chase Bank Limited (in Liquidation) v Morven Developers Limited
The bottom line
#Kenya's Court of Appeal allowed Chase Bank to file its appeal 73 days late, confirming that courts won't shut out parties with arguable appeals absent prejudice.
What this practically means
#Executive summary
#Key legal issues
#Extension of time under Rule 4 of the Court of Appeal Rules
The motion dated 22nd July 2025 was allowed as prayed; the delay of about 73 days did not disentitle the applicant where the appeal was arguable and no prejudice to the respondent was shown.
The court applied the settled parameters from Leo Sila Mutiso v Hellen Wangari Mwangi: length of delay, reason for delay, chances of the appeal succeeding, and degree of prejudice to the respondent. The delay was attributed to internal administrative processes; the applicant, acting through its Liquidation Agent, showed the appeal was arguable since the High Court struck out its suit without a substantive hearing. Balancing the competing interests, no prejudice to the respondent was demonstrated despite service and non-response, so it would be wrong to shut the applicant out of court.
Arguability of the intended appeal
The court was satisfied, without going into the merits, that the appeal was arguable.
The applicant contended that the High Court erred in striking out its suit without granting it an opportunity to fully ventilate the issues through a substantive hearing. The judge declined to delve into the merits, which belong to the full bench, but found sufficient basis to conclude the appeal was arguable, one of the Rule 4 parameters.
Legal principles established
#- The discretion to extend time under Rule 4 is wide and unfettered but must be exercised judiciously, taking into account the length of and reason for delay, the arguability of the appeal and prejudice to the respondent.
- It would be wrong to shut an applicant out of court where the intended appeal is arguable, unless the applicant's delay was inexcusable and the opponent was prejudiced by it.
Court orders
#- 1.Extension of time granted for lodging the Memorandum and Record of Appeal against the ruling and orders of the High Court delivered on 27th February 2025
- 2.The Memorandum and Record of Appeal filed on 16th July 2025 deemed properly filed and served
- 3.Costs of the application to be in the appeal
- On appeal from
- High Court
- Jurisdiction invoked
- Sections 3A and 3B of the Appellate Jurisdiction Act and Rules 4 and 84 of the Court of Appeal Rules, 2022
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Chase Bank Limited (in Liquidation) v Morven Developers Limited", Case Analysis (2026). Not stated in the judgment (Notice of Motion dated 22nd July 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/138/eng@2026-01-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.