[2022] KECA 1330 (KLR)
The court adopted the consent between the parties, which allowed the application for extension of time to file the appeal and record of appeal out of time. The court exercised its discretion under the relevant statutory provisions and rules, finding that the parties' agreement resolved the issues raised in the...
Source-derived case information.
- Citation
- [2022] KECA 1330 (KLR)
- Parties
- Applicant: Action Africa Help International; Respondent: Jacob Mang'ondi Nyarwati
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal (Application) E328 of 2022
- Procedural Posture
- Civil Appeal / Application for Extension of Time to File Appeal and Record of Appeal
- Outcome
- Application allowed by consent; extension of time granted.
- Judges
- GWN Macharia
- Legal Topics
- Extension of Time, Appeal Filing Deadlines, Consent Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Action Africa Help International
Applicant
Jacob Mang'ondi Nyarwati
Respondent
Procedural Posture
Civil Appeal / Application for Extension of Time to File Appeal and Record of Appeal
Legal Issues
- 1 Whether the applicant should be granted an extension of time to file an appeal and record of appeal out of time.
- 2 Whether the consent between the parties on the application should be adopted as an order of the court.
- 3 Whether costs should be awarded as agreed in the consent.
Ratio Decidendi
The court adopted the consent between the parties, which allowed the application for extension of time to file the appeal and record of appeal out of time. The court exercised its discretion under the relevant statutory provisions and rules, finding that the parties' agreement resolved the issues raised in the application. The annexed memorandum of appeal was deemed duly filed and served upon payment of requisite fees, and the applicant was granted sixty days from the date of the ruling to file and serve the record of appeal. Costs were to be paid as agreed in the consent. The court's decision was grounded in the principle that parties are bound by their consent and that the court may...
Court Disposition
Application allowed by consent; extension of time granted.
Orders
- The annexed memorandum of appeal is deemed duly filed and served upon payment of requisite fees.
- The applicant has sixty (60) days from the date of the ruling to file and serve the record of appeal.
Full Case Text
Judgment text and source record
20 paragraphs
Action Africa Help International v Nyarwati (Civil Appeal (Application) E328 of 2022) [2022] KECA 1330 (KLR) (2 December 2022) (Ruling)
Neutral citation: [2022] KECA 1330 (KLR)
Republic of Kenya
In the Court of Appeal at Nairobi
Civil Appeal (Application) E328 of 2022
GWN Macharia, JA
December 2, 2022
Between
Action Africa Help International
Applicant
and
Jacob Mang'ondi Nyarwati
Respondent
(An application for extension of time to file an appeal and Record of Appeal out of time against the Judgment of the High Court of Kenya (Nzioki Wa Makau, J) dated June 15, 2022 in ELRC No. E199 of 2021 Petition E199 of 2021 )
Ruling
Application 1. The applicant filed a notice of motion dated September 12, 2022, brought under Section 3A, and 79G of the Civil Procedure Act, Cap 21 Laws of Kenya, Order 50 Rule 6 and Order 51 Rule 1 of the Civil Procedure Rules, 2010, Rule 4 of the Court of Appeal Rules, seeking the following orders; -a.This Honourable Court be pleased to enlarge time for filing of the appeal by the applicant against the entire judgment delivered by Nzioki Wa Makau, J in ELRC Petition E199 of 2021 Jacob Mang'ondi Nyarwati -vs- Action Africa Help International.b.The memorandum of appeal annexed hereto be deemed as duly and properly filed.c.That the costs of this application be provided for.
2. The application is supported by the grounds on the face of it and the affidavit sworn by Anyango Bwire, advocate for the applicant.
3. The applicant also filed a consent dated October 21, 2022 to the effect that:-a.The applicant’s application dated September 12, 2022 be allowed.b.The applicant pays the respondent throw away costs of Kshs 15,000/=.
4. In the circumstances, I hereby adopt the said consent as an order of the court and further direct as follows;a.The annexed memorandum of appeal be and is hereby deemed duly filed and served upon payment of the requisite fees.b.The applicant has sixty (60) days from the date of this Ruling to file and serve the Record of Appeal.c.Costs be paid as agreed between the parties.
DATED AND DELIVERED AT NAIROBI THIS 2ND DAY OF DECEMBER, 2022. G.W. NGENYE-MACHARIA…………………………………JUDGE OF APPEAL.I certify that this is a true copy of the originalSignedDEPUTY REGISTRAR