[1999] KECA 45 (KLR)
The Court found that the applicant and its advocate were not responsible for the procedural blunder that led to the omission of an order extending time for filing the Record of Appeal. The error was attributable to the Court itself. In the interests of justice, and since there was no delay or fault on the part of...
Source-derived case information.
- Citation
- [1999] KECA 45 (KLR)
- Parties
- Applicant: Bank fur Arbeit and Wirtschaft A.G.; Respondent: Attorney-General; Respondent: Official Receiver, Ken-Ren Chemicals & Fertilizers Limited
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 179 of 1999
- Procedural Posture
- Civil Application / Ruling on Application for Extension of Time
- Outcome
- Application allowed. Extension of time granted for filing Notice of Appeal and Record of Appeal.
- 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
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Bank fur Arbeit and Wirtschaft A.G.
Applicant
Attorney-General
Respondent
Official Receiver, Ken-Ren Chemicals & Fertilizers Limited
Respondent
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the applicant should be granted an extension of time to file a Notice of Appeal and a Record of Appeal.
- 2 Whether the applicant or its advocate was responsible for the delay or procedural blunder.
Ratio Decidendi
The Court found that the applicant and its advocate were not responsible for the procedural blunder that led to the omission of an order extending time for filing the Record of Appeal. The error was attributable to the Court itself. In the interests of justice, and since there was no delay or fault on the part of the applicant, the Court exercised its discretion to grant the extension of time for both the Notice of Appeal and the Record of Appeal. The Court also noted that no order as to costs was appropriate in the circumstances.
Court Disposition
Application allowed. Extension of time granted for filing Notice of Appeal and Record of Appeal.
Orders
- Time for filing a Notice of Appeal extended by 14 days from the date of the ruling.
- Time for filing the Record of Appeal extended by 60 days from the date of filing the Notice of Appeal.
Full Case Text
Judgment text and source record
9 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CORAM: KWACH, J.A. (IN CHAMBERS) CIVIL APPLICATION NO. NAI. 179 OF 1999 BETWEEN BANK FUR ARBEIT AND WIRTSCHAFT A.G. ............... APPLICANT AND ATTORNEY-GENERAL OFFICIAL RECEIVER, KEN-REN CHEMICALS & FERTILIZERS LIMITED ............................... RESPONDENTS
(From the Order of the High Court of Kenya (Hon. Lady Justice Aluoch) dated 9th July, 1992 in H.C.C.C. NO. 5739 OF 1990) **************** R U L I N G
The orders which the applicant sought in the original Notice and Motion dated 23rd October, 1992 were quite specific - extension of time to file a Notice of Appeal and a Record of Appeal. I dismissed that application on 22nd September, 1994 but on a reference under rule 54 of the Court of Appeal Rules the full Court on 30th June, 1995 decided I was wrong and allowed the application. For quite unexplicable reason, the Court extended time to file a Notice of Appeal but said absolutely nothing about the Record of Appeal.
The applicant filed an appeal pursuant to the order of the Court but this was struck out as incompetent on 8th July, 1999. The applicant then took out the present Notice of Motion.
There is no delay and neither the applicant nor its advocate can be blamed for what is clearly a blunder on the part of the CourtI. a llow the application and extend the time for filing a Notice of Appeal by 14 days from today and for filing the record of Appeal by 60 days from the date of filing the Notice of Appeal. I make no orders as to costs.
Dated and delivered at Nairobi this 9th day of December, 1999.
R. O. KWACH ----------------- JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR