[2025] KECA 1046 (KLR)
The Court held that it lacked jurisdiction, as a single judge, to grant leave to appeal, which is a matter reserved for a full bench. The application, being omnibus in nature and seeking both extension of time and leave to appeal in a single motion, was found to be irredeemably defective. Consequently, the Court...
Source-derived case information.
- Citation
- [2025] KECA 1046 (KLR)
- Parties
- Applicant: SBM Bank (Kenya) Limited; Respondent: Afrasia Bank Limited
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application E170 of 2025
- Procedural Posture
- Civil Application / Ruling on Application for Extension of Time and Leave to Appeal
- Outcome
- application struck out
- Judges
- W Karanja
- Legal Topics
- Extension of Time, Leave to Appeal, Jurisdiction of Court, Omnibus Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
SBM Bank (Kenya) Limited
Applicant
Afrasia Bank Limited
Respondent
Procedural Posture
Civil Application / Ruling on Application for Extension of Time and Leave to Appeal
Legal Issues
- 1 Whether the Court of Appeal has jurisdiction to grant leave to appeal in a single-judge application.
- 2 Whether an omnibus application seeking both extension of time and leave to appeal is competent.
Ratio Decidendi
The Court held that it lacked jurisdiction, as a single judge, to grant leave to appeal, which is a matter reserved for a full bench. The application, being omnibus in nature and seeking both extension of time and leave to appeal in a single motion, was found to be irredeemably defective. Consequently, the Court struck out the application with costs to the respondent.
Court Disposition
application struck out
Orders
- The application is struck out with costs to the respondent.
Full Case Text
Judgment text and source record
20 paragraphs
SBM Bank (Kenya) Limited v Afrasia Bank Limited (Civil Application E170 of 2025) [2025] KECA 1046 (KLR) (9 June 2025) (Ruling)
Neutral citation: [2025] KECA 1046 (KLR)
Republic of Kenya
In the Court of Appeal at Nairobi
Civil Application E170 of 2025
W Karanja, JA
June 9, 2025
Between
SBM Bank (Kenya) Limited
Applicant
and
Afrasia Bank Limited
Respondent
(Being an application extension of time to file a notice of appeal and apply for leave to appeal from, as well as leave to appeal pending the hearing and determination of the intended appeal from the judgment and decree of the High Court of Kenya at Nairobi (W. Okwany, J.) dated on 21st July 2022 in Misc. Appl. No. E386 of 2021 Miscellaneous Application E386 of 2021 )
Ruling
1. I have considered the Notice of Motion dated 12th March 2025. The applicant seeks inter-alia, leave to file the appeal from the judgment of Wilfrida Okwany, J. dated 21st July 2024 out of time. The applicant also seeks extension of time within which it may apply for leave to file the appeal against the said judgment. Prayers (vi) seeks an order that upon extension of time to file an application for leave being granted, the leave sought be granted.
2. I have noted the contents of the replying affidavit, and I am in agreement that this Court lacks jurisdiction to entertain some of the prayers sought.
3. Leave to appeal is a preserve of a full bench, while on the other hand extension of time falls within the jurisdiction of a single Judge under Rule 4 of this Court’s Rules.
4. This is an omnibus application which is irredeemably defective.The same is struck out with costs to the respondent.
DATED AND DELIVERED AT NAIROBI THIS 9TH DAY OF JUNE 2025. W. KARANJA...........................................JUDGE OF APPEALI certify that this is a true copy of the original.Signed Deputy Registrar