[1998] KECA 266 (KLR)
The court found that there was no delay in lodging the application for extension of time. Exercising its unfettered discretion, the court granted the application, allowing the applicant to file the notice of appeal within 7 days and the record of appeal within 30 days. The court also awarded costs of the application...
Source-derived case information.
- Citation
- [1998] KECA 266 (KLR)
- Parties
- Applicant: Abdi A. Kawir; Respondent: Yuo Guo Jiang; Respondent: SIETCO (Jinja)
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 165 of 1998
- Procedural Posture
- Civil Application / Application for Extension of Time
- Outcome
- Application granted. Extension of time allowed.
- Legal Topics
- Extension of Time, Appeals Process, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abdi A. Kawir
Applicant
Yuo Guo Jiang
Respondent
SIETCO (Jinja)
Respondent
Procedural Posture
Civil Application / Application for Extension of Time
Legal Issues
- 1 Whether there was undue delay in lodging the application for extension of time.
- 2 Whether the court should exercise its discretion to extend time for filing the notice and record of appeal.
Ratio Decidendi
The court found that there was no delay in lodging the application for extension of time. Exercising its unfettered discretion, the court granted the application, allowing the applicant to file the notice of appeal within 7 days and the record of appeal within 30 days. The court also awarded costs of the application to the respondent, assessed at KES 2,000, payable within 14 days, failing which execution may issue. The decision was based on the absence of delay and the established principle that the court may extend time in the interests of justice.
Court Disposition
Application granted. Extension of time allowed.
Orders
- Notice of appeal to be filed within 7 days from the date of the ruling.
- Record of appeal to be filed within 30 days thereafter.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: LAKHA, J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. NAI. 165 OF 1998 (51/98UR)
BETWEEN
ABDI A. KAWIR ...................................... APPLICANT
AND
YUO GUO JIANG
SIETCO (JINJA) .....................................RESPONDENTS
(An intended appeal from the Ruling of the High Court of Kenya at Bungoma (Justice C. Ong'undi) dated the 23rd April, 1997 in H.C.C.C. NO. 76 OF 1995)
R U L I N G
I am satisfied that there is no delay in lodging this application. I am also satisfied that this is a case where I should, as I do, exercise my unfettered discretion to extend time. Accordingly, the application is granted as prayed. Notice of appeal within 7 days from today and Record of Appeal within 30 days thereafter. Applicant shall pay to the Respondent costs of this application assessed at Shs. 2,000/= within 14 days failing which execution may issue.
Dated and delivered at Nairobi this 10th day of July,
1998.
A.A. LAKHA
....................
JUDGE OF APPEAL
I certify that this is
a true copy of the original.
DEPUTY REGISTRAR