[2000] KECA 234 (KLR)
The court exercised its discretion under rule 4 of the Court of Appeal Rules, noting that the applicant acted promptly after his previous appeal was struck out as incompetent. There was no opposition from the respondent, and no prejudice was shown to result from granting the extension. Accordingly, the court found...
Source-derived case information.
- Citation
- [2000] KECA 234 (KLR)
- Parties
- Applicant: Alexander Kamweru; Respondent: Anne Wanjiru Kamweru
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 78 of 1997
- Procedural Posture
- Civil Application / Application for Extension of Time to File Notice and Record of Appeal
- Outcome
- Application allowed. Extension of time granted.
- 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
Alexander Kamweru
Applicant
Anne Wanjiru Kamweru
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 a Notice of Appeal and Record of Appeal after the previous appeal was struck out as incompetent.
Ratio Decidendi
The court exercised its discretion under rule 4 of the Court of Appeal Rules, noting that the applicant acted promptly after his previous appeal was struck out as incompetent. There was no opposition from the respondent, and no prejudice was shown to result from granting the extension. Accordingly, the court found it just to allow the application and grant the extension sought.
Court Disposition
Application allowed. Extension of time granted.
Orders
- Time for filing a Notice of Appeal is extended by seven (7) days from the date of the ruling.
- Time for lodging the Record of Appeal is extended by fourteen (14) days from the date of filing the Notice of Appeal.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL AT NAIROBI
CORAM: KWACH, J.A. (IN CHAMBERS) CIVIL APPLICATION NO. NAI. 78 OF 1997
BETWEEN
ALEXANDER KAMWERU ...................................APPLICANT
AND
ANNE WANJIRU KAMWERU ................................RESPONDENT
(Application for extension of time to file Notice
and Record of Appeal at the High Court of Kenya
at Nairobi (Mr. Justice Bosire) dated 9th May,
1995
in
H.C.C.C. NO. 75 OF 1992)
**************** R U L I N G
This is an application under rule 4 of the Court of Appeal Rules for extension of time to file a Notice of Appeal and Record of Appeal. The respondent though served, has not appeared. The decision against which the applicant wishes to appeal was given by Bosire J (as he then was) on 9th May, 1995. The applicant appealed (C.A. No. 161 of 1995) against the decision but his appeal was struck out by this Court as incompetent on 15th April, 1997. He promptly brought this Notice of Motion on 18th April, 1997.
In exercise of my discretion I allow the application and extend time for filing a Notice of Appeal by seven (7) days from today and for lodging the Record of Appeal by fourteen (14) days from the date of filing the Notice of Appeal. There will be no order as to costs.
Dated and delivered at Nairobi this 10th day of February, 2000.
R. O. KWACH ---------------- JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR