[1997] KECA 316 (KLR)
The court found that the application for extension of time was made promptly, less than a month after the main appeal was struck out. There was no evidence of undue delay or prejudice to the respondent. In the circumstances, the court exercised its discretion in favour of the applicant and granted the extension...
Source-derived case information.
- Citation
- [1997] KECA 316 (KLR)
- Parties
- Applicant: Boniface Kaguo Mwangi; Respondent: Kisa and Partners
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 334 of 1996
- Procedural Posture
- Civil Application / Application for Extension of Time
- Outcome
- application allowed
- Legal Topics
- Extension of Time, Appeal Struck Out, Exercise of Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Boniface Kaguo Mwangi
Applicant
Kisa and Partners
Respondent
Procedural Posture
Civil Application / Application for Extension of Time
Legal Issues
- 1 Whether the applicant is entitled to an extension of time to file a fresh notice of appeal and record of appeal after the main appeal was struck out.
- 2 Whether there was undue delay in bringing the application for extension.
Ratio Decidendi
The court found that the application for extension of time was made promptly, less than a month after the main appeal was struck out. There was no evidence of undue delay or prejudice to the respondent. In the circumstances, the court exercised its discretion in favour of the applicant and granted the extension sought, allowing the applicant to file a fresh notice of appeal within 7 days and the record of appeal within 30 days thereafter.
Court Disposition
application allowed
Orders
- The applicant shall file a notice of appeal within 7 days from the date of the ruling.
- The applicant shall file the record of appeal within 30 days thereafter.
Full Case Text
Judgment text and source record
3 paragraphs
IN THE COURT OF APPEAL AT NAIROBI (CORAM: LAKHA, J.A. (IN CHAMBERS) CIVIL APPLICATION NO. NAI. 334 OF 1996 BETWEEN BONIFACE KAGUO MWANGI ................................. APPLICANT AND KISA AND PARTNERS ..................................... RESPONDENT R U L I N G
This application for extension is necessitated by the main appeal having been struck out on 15th October, 1996. The present application was made on 8th November, 1996 which is less than a month. I see no delay. In all the circumstances, I exercise my discretion to extend time. Notice of Appeal within 7 days from today and record within 30 days thereafter.
Costs in the appeal. Dated and delivered at Nairobi this 5th June, 1997. A.A. LAKHA .................. JUDGE OF APPEAL I certify that this is a true copy of the original. DEPUTY REGISTRAR