[2001] KECA 223 (KLR)
The court found that the applicant failed to provide a satisfactory explanation for the delay in filing the notice of appeal and record of appeal. The reason advanced, that the applicant was awaiting instructions from the client, was deemed insufficient, especially since the client is local and experienced in...
Source-derived case information.
- Citation
- [2001] KECA 223 (KLR)
- Parties
- Applicant: Basco Products (K) Limited; Respondent: John Odhiambo Okello
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous Application 59 of 2001
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Extension of Time
- Outcome
- application dismissed with costs
- Legal Topics
- Extension of Time, Notice of Appeal, Court of Appeal Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Basco Products (K) Limited
Applicant
John Odhiambo Okello
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the applicant has provided sufficient reason to warrant extension of time to file a notice of appeal and record of appeal out of time.
Ratio Decidendi
The court found that the applicant failed to provide a satisfactory explanation for the delay in filing the notice of appeal and record of appeal. The reason advanced, that the applicant was awaiting instructions from the client, was deemed insufficient, especially since the client is local and experienced in litigation. The court emphasized the need for efficiency in legal business and concluded that the circumstances did not warrant the exercise of its discretion to extend time.
Court Disposition
application dismissed with costs
Orders
- The application for extension of time is dismissed with costs.
Full Case Text
Judgment text and source record
15 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
CIVIL MISCELLANEOUS APPLICATION NO. 59 OF 2001
BASCO PRODUCTS (K) LIMITED .............................APPLICANT
AND
JOHN ODHIAMBO OKELLO ...................................RESPONDENT
R U L I N G
This application made under rule 4 of the Rules of this Court seeks an extension of time to file a notice of appeal and the record of appeal out of time. The reason advanced is that the applicant was awaiting instructions from the client. As was said in Njagi v. Munyiri, 1975 EA 179 a notice of appeal is nothing more than a formal written information to the Court of an intention to appeal. It can be withdrawn, attracts a small fee and does not require any papers. In these circumstances, it appears that it was not necessary to await instructions, if time was running out. That notwithstanding, no explanation is given for the delay. The client is local within Nairobi and being an Insurance Company is well versed with this type of litigation.
In these circumstances, it does not seem just to extend time. It is time legal business was carried out with efficiency. I am not satisfied that this case calls for the exercise of my discretion.
Accordingly, the application is dismissed with costs. Dated and delivered at Nairobi this 4th day of April, 2001
A.A. LAKHA
..................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR