[1997] KECA 300 (KLR)
The court found that the applicant acted without delay in bringing the application for leave to file a notice of appeal after the previous appeal was struck out for incompetence. The application was filed within seven days of the striking out, and there was no opposition from the respondent. In the absence of delay...
Source-derived case information.
- Citation
- [1997] KECA 300 (KLR)
- Parties
- Applicant: Alfarus Muli; Respondent: Lucy M. Lavuta Dodhia Stores
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 49 of 1997
- Procedural Posture
- Miscellaneous Application / Ruling on Application to File Notice of Appeal Out of Time
- Outcome
- application allowed
- Legal Topics
- Appeal Struck Out, Extension of Time, Notice of Appeal, Costs in Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alfarus Muli
Applicant
Lucy M. Lavuta Dodhia Stores
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to File Notice of Appeal Out of Time
Legal Issues
- 1 Whether the applicant should be granted leave to file a notice of appeal out of time after the previous appeal was struck out for incompetence.
- 2 Whether there was undue delay in bringing the application.
Ratio Decidendi
The court found that the applicant acted without delay in bringing the application for leave to file a notice of appeal after the previous appeal was struck out for incompetence. The application was filed within seven days of the striking out, and there was no opposition from the respondent. In the absence of delay or opposition, the court exercised its discretion to allow the application, granting the applicant leave to file the notice of appeal within seven days and serve it within a further seven days, with the record of appeal to be filed within twenty-one days. Costs were ordered to be in the appeal.
Court Disposition
application allowed
Orders
- The applicant shall file the notice of appeal within seven days of the date hereof.
- The notice of appeal shall be served upon the respondents within a further seven days from the date of filing.
Full Case Text
Judgment text and source record
3 paragraphs
REPUBLIC OF KENYA
ALFARUS MULI .......................................... APPLICANTANDLUCY M. LAVUTA DODHIA STORES ......................................... RESPONDENTR U L I N G The applicant's previous appeal was struck out for incompetence on the 7th March, 1997. The present application was filed on the 14th March, 1997. There was no sort of delay whatever and the application is not opposed. I allow the application and order that the notice of appeal be filed within 7 days of the date hereof and served upon the respondents within a further seven days from the date of filing. The record of appeal must be filed within twenty one days from the date hereof. The costs of this application shall be costs in the appeal. Dated and delivered at Nairobi this 25th day of March, 1997.
R. S. C. OMOLO --------------- JUDGE OF APPEAL I certify that this is a true copy of the original. DEPUTY REGISTRAR