[2000] KECA 313 (KLR)
The court found that the applicants had satisfied the requirements for the exercise of judicial discretion to extend time. The judge was convinced, after hearing both parties, that this was a fit and proper case for granting the extension. The application was therefore allowed, with directions on the time frame for...
Source-derived case information.
- Citation
- [2000] KECA 313 (KLR)
- Parties
- Applicant: Benedicta Bome Vittone; Applicant: Giorgio Vittone Mbogo (Deceased); Respondent: Michele Stuardi
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 355 of 2000
- Procedural Posture
- Civil Application / Application for Extension of Time to File and Serve Notice of Appeal
- Outcome
- application allowed
- Legal Topics
- Extension of Time, Notice of Appeal, Appellate Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benedicta Bome Vittone
Applicant
Giorgio Vittone Mbogo (Deceased)
Applicant
Michele Stuardi
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to File and Serve Notice of Appeal
Legal Issues
- 1 Whether the applicants have demonstrated sufficient cause for the extension of time to file and serve a notice of appeal.
Ratio Decidendi
The court found that the applicants had satisfied the requirements for the exercise of judicial discretion to extend time. The judge was convinced, after hearing both parties, that this was a fit and proper case for granting the extension. The application was therefore allowed, with directions on the time frame for filing and serving the notice of appeal.
Court Disposition
application allowed
Orders
- The application for extension of time to file the notice of appeal is granted.
- The notice of appeal shall be filed within 7 days from the date of this ruling.
Full Case Text
Judgment text and source record
14 paragraphs
IN THE COURT OF APPEAL AT NAIROBI (CORAM: LAKHA, J.A. (IN CHAMBERS)) CIVIL APPLICATION NO. NAI. 355 OF 2000 (173/2000 UR)
BETWEEN
BENEDICTA BOME VITTONE ...................................... 1ST APPLICANT GIORGIO VITTONE MBOGO (DECEASED) .................2ND APPLICANT
AND
MICHELE STUARDI ............................................................RESPONDENT
(Application for leave to extend time to file and serve a Notice of Appeal in an intended appeal against the Judgment of (Justice Andrew Hayanga) delivered at Nairobi on 27th September, 2000
in
H.C.C.C NO. 5031 OF 1993) ************************
R U L I N G
Having heard the advocates for the parties I am satisfied that this is a fit and proper case for the exercise of my discretion. Accordingly, I grant the application for extension to file the notice of appeal. This shall be done within 7 days from today. Costs of this application shall abide the appeal. Notice of Appeal to be served within 7 days from filing.
Made at Nairobi this 14th day of December, 2000.
A.A. LAKHA
...................... JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR