[2001] KECA 341 (KLR)
The Court of Appeal held that it was not persuaded that the single judge erred in principle or otherwise in the exercise of his discretion in refusing to grant an extension of time to serve the notice of appeal. The full bench found no basis to interfere with the single judge's decision, and accordingly dismissed...
Source-derived case information.
- Citation
- [2001] KECA 341 (KLR)
- Parties
- Applicant: Boniface Njiru t/a Njiru Boniface & Co. Advocates; Respondent: J.M. Kibuchi t/a Kibuchi & Co. Advocates
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 50 of 2000
- Procedural Posture
- Civil Application / Reference Under Rule 54(1)(b) to a Full Bench From a Single Judge's Decision
- Outcome
- reference dismissed with costs
- Legal Topics
- Extension of Time, Exercise of Discretion, Appeals Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Boniface Njiru t/a Njiru Boniface & Co. Advocates
Applicant
J.M. Kibuchi t/a Kibuchi & Co. Advocates
Respondent
Procedural Posture
Civil Application / Reference Under Rule 54(1)(b) to a Full Bench From a Single Judge's Decision
Legal Issues
- 1 Whether the single judge erred in principle or otherwise in refusing to grant an extension of time to serve the notice of appeal.
Ratio Decidendi
The Court of Appeal held that it was not persuaded that the single judge erred in principle or otherwise in the exercise of his discretion in refusing to grant an extension of time to serve the notice of appeal. The full bench found no basis to interfere with the single judge's decision, and accordingly dismissed the reference with costs.
Court Disposition
reference dismissed with costs
Orders
- The reference is dismissed with costs.
Full Case Text
Judgment text and source record
13 paragraphs
IN THE COURT OF APPEAL AT NAIROBI (CORAM: LAKHA, BOSIRE & OWUOR, JJ.A.) CIVIL APPLICATION NO. NAI. 50 OF 2000
BETWEEN
BONIFACE NJIRU T/A NJIRU BONIFACE & CO. ADVOCATES ................ APPLICANT
AND
J.M. KIBUCHI T/A KIBUCHI & CO. ADVOCATES .................................... RESPONDENT
RULING OF THE COURT
This is a reference under rule 54(1)(b) of the Rules of this Court to reverse the decision of a single judge given on 24 May 2000 whereby the single judge refused to exercise his discretion to grant an extension to serve the notice of appel. We have not been persuaded that the single judge erred in principle or otherwise in the exercise of his discretion. Accordingly, the reference fails and it is dismissed with costs.
Dated and delivered at Nairobi this 15th day of March, 2001.
A.A. LAKHA ........................ JUDGE OF APPEAL
S.E.O. BOSIRE ........................... JUDGE OF APPEAL
E. OWUOR ............................ JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR