BANK FUR ARBEIT UND WIRTSCHAFT A.G v ATTORNEY-GENERAL & another [1999] KECA 13 (KLR)
The bottom line
#Kenya's Court of Appeal confirmed that extending time to file a notice of appeal does not extend time for filing the record of appeal itself.
What this practically means
#Executive summary
#Key legal issues
#Whether the record of appeal was filed within a validly extended time
It was not. The only extension granted was five days from 30 June 1995 for the notice of appeal; no extension existed for the record, which was therefore out of time and incompetent.
The Court traced the procedural history: the single judge referred the extension application to the full Court, which on 30 June 1995 granted only five days' extension from that date. Counsel for the appellant properly conceded that relief sought but not granted is deemed refused. With no valid extension for the record, the appeal could not stand.
Whether Rule 81 confers a further 60 days to file the record once time is extended for the notice of appeal
No. The Court expressly rejected that reading of Rule 81.
The appellant argued that an extension of time for the notice of appeal automatically opened a further 60-day window under Rule 81 for filing the record. The Court disagreed, holding that the absence of a valid extension for the record left it ex facie out of time and incompetent, warranting striking out.
Legal principles established
#- An extension of time to file a notice of appeal does not, of itself, extend the time for filing the record of appeal; a separate extension is required, failing which the record is out of time and the appeal incompetent.
- A record of appeal filed without a valid extension of time is ex facie out of time and incompetent, and the appeal will be struck out.
Court orders
#- 1.The appeal is struck out
- 2.No order as to costs
- On appeal from
- High Court of Kenya at Nairobi
- H.C.C.C. No. 5739 of 1990
- Jurisdiction invoked
- Appeal from an order of the High Court of Kenya at Nairobi; the Court exercised its jurisdiction over an appeal filed without a valid extension of time under the Court of Appeal Rules (Rule 81 considered).
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
Cite this brief
#Cite this brief
Caselaw, "BANK FUR ARBEIT UND WIRTSCHAFT A.G v ATTORNEY-GENERAL & another [1999] KECA 13 (KLR)", Case Analysis (1999). Civil Appeal 157 of 1995. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/1999/13/eng@1999-07-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.