Development Finance of Kenya Ltd v Kabansora Limited & 1 other
The bottom line
#Kenya's Court of Appeal refused to extend time for a late appeal, stressing that delay defeats justice and extensions must be fair to both sides.
What this practically means
#Executive summary
#Key legal issues
#Whether 'sufficient reason' under Order 44 r 1 for review is an independent ground
No - it must be analogous to the first two grounds (new and important matter, or error apparent on the face of the record)
The applicant conceded the first two review grounds were unavailable and relied on an explanation for its delay in filing objection proceedings. The court held such an explanation, even if sufficient, could only ground an application to set aside the order of 6.12.1989, not a review. The learned judge of the High Court was therefore right to reject the review application.
Whether extension of time should be granted under rule 4
Refused - the discretion, though unfettered, is judicial and must be exercised justly to both parties; the intended appeal was frivolous and the delay inexcusable
The intended appeal was not arguable since the applicant could not bring itself within Order 44 r 1. The respondent had waited over eight years for the fruits of its judgment. The applicant also failed to explain filing an incompetent appeal without the certified order required by rule 85(1)(h). Justice requires finality in litigation.
Legal principles established
#- Rule 4 confers an unfettered but judicial discretion to extend time, exercisable only where it is just to both sides
- A 'sufficient reason' for review under Order 44 r 1 must be analogous to the grounds of discovery of new matter or error on the face of the record, and cannot be an independent ground
- Contentious litigation should be concluded promptly; delay defeats justice
Court orders
#- 1.The notice of motion seeking extension of time to file a fresh notice of appeal and record of appeal is dismissed with costs
- On appeal from
- High Court of Kenya
- H.C.C.C. No. 2167 of 1988
- Jurisdiction invoked
- Rule 4 of the Court of Appeal Rules (extension of time)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Development Finance of Kenya Ltd v Kabansora Limited & 1 other", Case Analysis (1997). Civil Application (Notice of Motion) arising from H.C.C.C. No. 2167 of 1988. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/1997/305/eng@1997-01-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.