[2005] KECA 42 (KLR)
The court found that the delay in serving the notice of appeal was minimal (two days) and was satisfactorily explained by the occurrence of the Idd ul Fitr holiday, which interrupted the applicant's efforts. The court exercised its discretion under rule 4 of the Court of Appeal Rules in favour of the applicant,...
Source-derived case information.
- Citation
- [2005] KECA 42 (KLR)
- Parties
- Applicant: Bondo Godfrey J. Obiero; Respondent: Teachers Service Commission
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Application 198 of 2005
- Procedural Posture
- Civil Application / Application for Extension of Time to Serve Notice of Appeal
- Outcome
- application allowed
- Legal Topics
- Extension of Time, Notice of Appeal, Court Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bondo Godfrey J. Obiero
Applicant
Teachers Service Commission
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to Serve Notice of Appeal
Legal Issues
- 1 Whether the applicant should be granted leave to serve the notice of appeal out of time.
- 2 Whether the delay in serving the notice of appeal was sufficiently explained.
Ratio Decidendi
The court found that the delay in serving the notice of appeal was minimal (two days) and was satisfactorily explained by the occurrence of the Idd ul Fitr holiday, which interrupted the applicant's efforts. The court exercised its discretion under rule 4 of the Court of Appeal Rules in favour of the applicant, holding that this was a proper case for extension of time to serve the notice of appeal.
Court Disposition
application allowed
Orders
- The applicant is granted leave to serve a notice of appeal within 7 days from the date hereof.
- Costs shall be in the intended appeal.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT KISUMU
CORAM: O’KUBASU J.A (IN CHAMBERS)
CIVIL APPLICATION NAI 198 OF 2005 (KSM 20/05)
BETWEEN
BONDO GODFREY J. OBIERO………………………………………APPLICANT
AND
TEACHERS SERVICE COMMISION……………….………….…RESPONDENT
(Application for extension of time to serve Notice of Appeal from
Kisumu Court of Appeal Case NO 3 of 2005
RULING
This is an application under rule 4 of this Court’s rules for leave to serve notice of appeal out of time. There was a delay of only two days which has been explained. There was a holiday of Idd ul Fitr which interrupted the applicant’s efforts to serve notice of appeal in time.
In view of the foregoing, I am satisfied that this is a proper case in which I should exercise my unfettered discretion under rule 4 in favour of the applicant. Accordingly, the application is allowed and the applicant is now granted leave to serve a notice of appeal within 7 days from the date hereof.
Costs shall be in the intended appeal.
Dated and delivered at Kisumu this 25th day of November, 2005.
E. O. O’KUBASU
……………………
JUDGE OF APPEAL
I certify that this is a true copy of the original
DEPUTY REGISTRAR