[1999] KECA 48 (KLR)
The court exercised its discretion to grant the orders sought since there was no opposition to the application. The applicant was therefore allowed to file a fresh notice of appeal within seven days and to file and lodge a record of appeal out of time within 21 days after service of the notice of appeal upon the...
Source-derived case information.
- Citation
- [1999] KECA 48 (KLR)
- Parties
- Applicant: Administrators of the Estate of Maxwell Maurice Ombogo (Deceased); Respondent: Standard Chartered Bank Kenya Limited; Respondent: The Law Society of Kenya
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 13 of 1999
- Procedural Posture
- Civil Application / Application for Leave to File Appeal Out of Time
- Outcome
- Application allowed as prayed.
- Legal Topics
- Leave to Appeal Out of Time, Extension of Time, Notice of Appeal, Record of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Administrators of the Estate of Maxwell Maurice Ombogo (Deceased)
Applicant
Standard Chartered Bank Kenya Limited
Respondent
The Law Society of Kenya
Respondent
Procedural Posture
Civil Application / Application for Leave to File Appeal Out of Time
Legal Issues
- 1 Whether the applicant should be granted leave to file a notice of appeal out of time.
- 2 Whether the applicant should be allowed to file and lodge a record of appeal out of time.
Ratio Decidendi
The court exercised its discretion to grant the orders sought since there was no opposition to the application. The applicant was therefore allowed to file a fresh notice of appeal within seven days and to file and lodge a record of appeal out of time within 21 days after service of the notice of appeal upon the respondents. Costs of the application were ordered to be in the intended appeal.
Court Disposition
Application allowed as prayed.
Orders
- Applicant granted leave to file a fresh notice of appeal within seven days.
- Applicant granted leave to file and lodge a record of appeal out of time within 21 days after service of the notice of appeal upon the respondents.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CORAM: TUNOI, J.A. (IN CHAMBERS) CIVIL APPLICATION NO. NAI. 13 OF 1999 BETWEEN ADMINISTRATORS OF THE ESTATE OF MAXWELL MAURICE OMBOGO (DECEASED) ..................................APPLICANT AND STANDARD CHARTERED BANK KENYA LIMITED .........................1ST RESPONDENT THE LAW SOCIETY OF KENYA ......................................2ND RESPONDENT
(An applicant for leave to file an appeal out of time in an intended appeal from a ruling and order of the High Court of Kenya at Nairobi (the Hon. Mr. A. I. Hayanga) given on 26th February, 1998
in H.C.CIVIL SUIT 520 OF 1997)
*******************
R U L I N G
There being no opposition to the application, I allow it as prayed in
the motion dated 18th January, 1999.
The applicant is granted leave to file a fresh notice of appeal. This
shall be done within seven days hereof.
The applicant is also granted leave to file and lodge a record of appeal
out of time. This should be done within 21 days after the service of th e
notice of appeal upon the respondents. The costs of this application shall be
in the intended appeal.
Made at Nairobi this 6th day of July, 1999.
P. K. TUNOI
...............
JUDGE OF APPEAL
I certify that this is
a true copy of the original.
DEPUTY REGISTRAR