[2000] KECA 134 (KLR)
The court found that the applicant acted promptly by filing the application for extension of time only 7 days after its previous appeal was struck out. There was no inordinate delay attributable to the applicant. The respondent, having been duly served, failed to appear or oppose the application. Exercising its...
Source-derived case information.
- Citation
- [2000] KECA 134 (KLR)
- Parties
- Applicant: A-D Aviation (Aircharter) Limited; Respondent: International Airboats Limited
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 29 of ??
- Procedural Posture
- Civil Application / Application for Extension of Time to File Notice and Record of Appeal
- Outcome
- Application for extension of time granted.
- Judges
- JE Gicheru
- Legal Topics
- Extension of Time, Appeals Process, Court of Appeal Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
A-D Aviation (Aircharter) Limited
Applicant
International Airboats Limited
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to File Notice and Record of Appeal
Legal Issues
- 1 Whether the applicant demonstrated sufficient cause for extension of time to file notice and record of appeal.
- 2 Whether there was inordinate delay in bringing the application for extension of time.
Ratio Decidendi
The court found that the applicant acted promptly by filing the application for extension of time only 7 days after its previous appeal was struck out. There was no inordinate delay attributable to the applicant. The respondent, having been duly served, failed to appear or oppose the application. Exercising its discretion under rule 4 of the Court of Appeal Rules, the court granted the extension sought, allowing the applicant additional time to file the notice and record of appeal.
Court Disposition
Application for extension of time granted.
Orders
- Time for lodging the notice of appeal is extended by 7 days from the date of this ruling.
- Time for lodging the record of appeal is extended by 15 days from the date of lodging the notice of appeal within the extended time.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
(Coram: Gicheru, J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. NAI. 29 OF 2000BETWEENA-D AVIATION (AIRCHARTER)
LIMITED.......................APPLICANT
AND
INTERNATIONAL AIRBOATS
LIMITED..........................RESPONDENT(An application for extension of time to file Notice and Record of Appeal in an intended appal from a Ruling of the High Court of Kenya at Nairobi (Onyango Otieno, J.) dated 15. 10. 98in H.C.C.C. NO. 5489 OF 1990) ***********************
R U L I N G:
There was no appearance for the respondent at the hearing of the applicant's application this morning though counsel for the respondent was served on Friday, 30th June, 2000 with today's hearing notice.
The applicant's Civil Appeal NO. 291 of 1998 was struck out by this Court for being incompetent on 7th February, 2000.
On 14th of the same month, this application was made. This was 7 days after the applicant's appeal was struck out.
Clearly there was no inordinate delay on the part of the applicant in making its present application. In the result and as the respondent has not appeared to defend the said application, I, in the exercise of my discretion under rule 4 of the Court of Appeal Rules grant the applicant's application so that the time for lodging the notice of appeal is extended by 7 days from today's date and the time for lodging the record of appeal is extended by 15 days from the date of lodging the notice of appeal within the extended time. I make no order as to the costs occasioned by the applicant's application.
Dated and delivered at Nairobi this 3rd of July, 2000.
J.E. GICHERU
................JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR