[2001] KECA 143 (KLR)
The court exercised its discretion to grant the extension of time for filing the notice of appeal and record of appeal, as both parties were in agreement and there was no legal impediment to granting the orders sought. The decision was based on the mutual consent of the parties and the absence of any objection or...
Source-derived case information.
- Citation
- [2001] KECA 143 (KLR)
- Parties
- Applicant: Benson Ngugi Muiruri; Respondent: Kenya National Capital Corporation
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 109 of 2001
- Procedural Posture
- Civil Application / Application for Extension of Time to File Notice and Record of Appeal
- Outcome
- Application allowed by consent; extension of time granted.
- Legal Topics
- Extension of Time, Appeals Process, Notice 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
Benson Ngugi Muiruri
Applicant
Kenya National Capital Corporation
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 fresh notice of appeal and record of appeal out of time.
Ratio Decidendi
The court exercised its discretion to grant the extension of time for filing the notice of appeal and record of appeal, as both parties were in agreement and there was no legal impediment to granting the orders sought. The decision was based on the mutual consent of the parties and the absence of any objection or bar to the extension, ensuring that the applicant could pursue the intended appeal without undue procedural hindrance.
Court Disposition
Application allowed by consent; extension of time granted.
Orders
- The applicant shall file his notice of appeal in the superior court within the next seven days.
- The record of appeal shall be lodged in the Court of Appeal within 30 days of filing the notice of appeal.
Full Case Text
Judgment text and source record
12 paragraphs
IN THE COURT OF APPEAL AT NAIROBI CORAM: SHAH, J.A. (IN CHAMBERS) CIVIL APPLICATION NO. NAI. 109 OF 2001
BETWEEN BENSON NGUGI MUIRURI............................................................APPLICANT
AND
KENYA NATIONAL CAPITAL CORPORATION......................RESPONDENT
(Being an application for extension of time to file a fresh Notice of Appeal and Record of Appeal out of time in an intended appeal from a judgment of the High Court of Kenya at Nairobi (Keiwua J) dated 10th October, 1998
in
H.C.C.C. NO. 1981 OF 1993) ******************
R U L I N G
Both parties having agreed in terms as recorded by me above and seeing no impediment thereto I order that the applicant do file his notice of appeal in the superior court within the next seven days and that the record of appeal be lodged in this Court within 30 days of filing of the notice of appeal. Costs of this application shall be costs in the intended appeal.
Dated and delivered at Nairobi this 5th day of July, 2001.
A.B. SHAH ................ JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR.