Endmor Steel Millers Ltd v Urasa (Appeal E323 of 2024) [2025] KEELRC 2637 (KLR)
The bottom line
#A Kenyan court refused a company's late appeal because its insurer's employee swore the affidavit and no draft appeal was attached.
What this practically means
#Executive summary
#Key legal issues
#Whether good and sufficient cause existed to justify extension of time to appeal
The application failed as no good cause was shown, and the supporting affidavit was improperly sworn by a non-party employee of the insurer
The court accepted the respondent's submission that the deponent, an employee of Heritage Insurance Company, was not a party to the proceedings and did not depone to his authority to swear the affidavit. The intended appellant, which participated in the trial and availed witnesses, offered no explanation for not swearing the affidavit itself. Further, the applicant attached no draft memorandum of appeal and merely asserted, without demonstration, that the intended appeal had high chances of success.
Legal principles established
#- In applications for extension of time, the intended appellant should ordinarily swear or authorise an affidavit through a party to the proceedings and should attach a draft memorandum of appeal demonstrating the grounds and chances of success
Court orders
#- 1.The application dated 29th October, 2024 seeking leave to file an appeal out of time is dismissed
- 2.Costs of the application awarded to the respondent
- On appeal from
- Chief Magistrate's Court (Mavoko)
- Mavoko CMCC No. 1239 of 2017
- Jurisdiction invoked
- Sections 95 and 3A of the Civil Procedure Act and Order 50 Rule 6 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Endmor Steel Millers Ltd v Urasa (Appeal E323 of 2024) [2025] KEELRC 2637 (KLR)", Case Analysis (2025). Appeal No E323 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2637/eng@2025-09-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.