BANK FUR ARBEIT AND WIRTSCHAFT A.G vs ATTORNEY-GENERAL OFFICIAL RECEIVER,KEN-REN CHEMICALS & FERTILIZERS LIMITED .. [1999] KECA 45 (KLR)
The bottom line
#Kenya's Court of Appeal granted an extension of time because the earlier delay was caused by the court's own incomplete order, not the applicant.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the Court should extend time for filing a Notice of Appeal and a Record of Appeal where a prior full Court order extended time for the Notice but was silent on the Record, and the ensuing appeal was struck out as incompetent
Key legal issues
#Extension of time where the earlier full Court order was incomplete
The application was allowed because the delay was attributable to the Court's own omission, not to the applicant or its advocate.
The original motion sought extension of time to file both a Notice of Appeal and a Record of Appeal. It was dismissed by the single judge but allowed on reference by the full Court, which however extended time only for the Notice and said nothing about the Record. The appeal filed pursuant to that order was struck out as incompetent. The court held the applicant blameless for what was a blunder on the part of the Court and granted a fresh, complete extension covering both steps.
Legal principles established
#- Where an applicant is blameless and the failure to comply stems from a blunder or omission of the Court itself, extension of time should be granted; a court order extending time must be complete and cover both the Notice of Appeal and the Record of Appeal.
Court orders
#- 1.Extension of time for filing the Notice of Appeal by 14 days from the date of the ruling
- 2.Extension of time for filing the Record of Appeal by 60 days from the date of filing the Notice of Appeal
- 3.No orders as to costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Inherent extension-of-time jurisdiction under rule 54 of the Court of Appeal Rules (reference jurisdiction)
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
I a llow the application and extend the time for filing a Notice of Appeal by 14 days from today and for filing the record of Appeal by 60 days from the date of filing the Notice of Appeal.
There is no delay and neither the applicant nor its advocate can be blamed for what is clearly a blunder on the part of the Court
Issues in the judgment
#The judgment text contains a typographical error in the operative order ('I a llow the application') and a stray character after 'Court'; the applicant's name, case number and the underlying appeal details are not stated in the excerpt provided.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "BANK FUR ARBEIT AND WIRTSCHAFT A.G vs ATTORNEY-GENERAL OFFICIAL RECEIVER,KEN-REN CHEMICALS & FERTILIZERS LIMITED .. [1999] KECA 45 (KLR)", Case Analysis (1999). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/1999/45/eng@1999-12-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.