Customer Support

BOOKPOINT LIMITED
V.
GUARDIAN BANK LIMITED & ANOR.

(2021) JELR 113379 (SC)

Supreme Court 16 Jul 2021 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:APPLICATION NO. 4 (E006) OF 2021
Judges:PHILOMENA MWILU, DCJ & VP MOHAMMED IBRAHIM, SCJ SMOKIN WANJALA, SCJ ISAAC LENAOLA, SCJ NJOKI NDUNGU, SCJ

RULING

A. Introduction

1.By way of a Notice of Motion dated and filed on 25th February 2021, the applicant sought an order of extension of time to file a Petition and Record of Appeal. Notably, there is no indication under which provision of the law the application is made.

2.The application is anchored on the grounds that: the Judges of Appeal notes were not obtained in good time, and that there was a misunderstanding regarding timelines, the petition having been lodged on the 24th of day of February 2021 when it ought to have been lodged on or about the 19th of February 2021.

B. Applicant’s Case

3.The application is supported by the affidavit and a supplementary affidavit sworn and filed on 25th February 2021 and 5th March 2021, respectively by Virinder Goswami, counsel for the applicant,

4.It is deposed that the delay in filing the petition and record of appeal was occasioned by failure to obtain the Judges of Appeal notes in good time. That they wrote to the Registrar of the Court of Ap…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.