[2002] KECA 50 (KLR)
The court exercised its discretion to grant the extension of time as the application was not opposed by the respondents. No prejudice was shown to result from granting the orders sought. The applicant was therefore allowed to file, lodge, and serve the notice of appeal and record of appeal out of time, subject to...
Source-derived case information.
- Citation
- [2002] KECA 50 (KLR)
- Parties
- Applicant: The Administrators of the Estate of the Late Maxwell M. Ombogo, Advocate; Respondent: Postbank Credit Ltd (In Liquidation); Respondent: Deposit Protection Fund Board
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 373 of 2002
- Procedural Posture
- Civil Application / Application for Extension of Time to File Notice and Record of Appeal
- Outcome
- application allowed
- Legal Topics
- Extension of Time, Appeals Process, Notice of Appeal, Record of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Administrators of the Estate of the Late Maxwell M. Ombogo, Advocate
Applicant
Postbank Credit Ltd (In Liquidation)
Respondent
Deposit Protection Fund Board
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to File Notice and Record of Appeal
Legal Issues
- 1 Whether the applicant should be granted an extension of time to file and serve the notice of appeal and record of appeal out of time.
Ratio Decidendi
The court exercised its discretion to grant the extension of time as the application was not opposed by the respondents. No prejudice was shown to result from granting the orders sought. The applicant was therefore allowed to file, lodge, and serve the notice of appeal and record of appeal out of time, subject to specified timelines. Costs of the application were awarded to the respondents in any event.
Court Disposition
application allowed
Orders
- The applicants are granted leave to file, lodge, and serve the Notice of Appeal and the Record of Appeal out of time.
- The Notice of Appeal shall be filed within 7 days of this order.
Full Case Text
Judgment text and source record
24 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
CORAM: TUNOI, J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. NAI. 373 OF 2001
BETWEEN
THE ADMINISTRATORS OF THE ESTATE OF THE
LATE MAXWELL M. OMBOGO, ADVOCATE ........................... APPLICANT
AND
1. POSTBANK CREDIT LTD (IN LIQUIDATION)
2. DEPOSIT PROTECTION FUND BOARD ........................ RESPONDENTS
(Application for extension of time within which to file
and lodge a fresh notice of appeal, memorandum and
record of appeal in an intended appeal from a ruling
of the High Court of Kenya at Nairobi (Keiwua, J.)
dated 18th December, 1998
in
H.C.C.C. NO. 392 OF 1996)
***************
O R D E R
As the application is not being opposed, I allow it as prayed in the motion dated 30th October, 2001. The applicants shall have leave to file, lodge and serve the Notice of Appeal and the Record of Appeal out of time. The Notice of Appeal shall be filed within 7 days hereof and the Record of Appeal shall be lodged 21 days after service of the Notice. Costs of this application are awarded to the respondents in any event.
Made at Nairobi this 28th day of January, 2002.
P. K. TUNOI ................................. JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR