[2006] KECA 283 (KLR)
The court exercised its discretion to grant the extension of time as the application was unopposed by the respondent. The notice of appeal previously lodged was deemed valid and existing. The court further directed the applicant to lodge the record of appeal within twenty-one days and serve it within seven days of...
Source-derived case information.
- Citation
- [2006] KECA 283 (KLR)
- Parties
- Applicant: Caltex Oil (Kenya) Limited; Respondent: Johannes Okello Omboto
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Application 331 of 2005
- Procedural Posture
- Civil Application / Ruling on Application for Extension of Time to File and Serve Notice and Record of Appeal
- Outcome
- Application for extension of time allowed.
- Legal Topics
- Extension of Time, Appeals Process, Service of Documents
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Caltex Oil (Kenya) Limited
Applicant
Johannes Okello Omboto
Respondent
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to File and Serve Notice and Record of Appeal
Legal Issues
- 1 Whether the applicant should be granted an extension of time to file and serve the notice and record of appeal out of time.
- 2 Whether the notice of appeal lodged on 30th May, 2003 remains valid and existing.
Ratio Decidendi
The court exercised its discretion to grant the extension of time as the application was unopposed by the respondent. The notice of appeal previously lodged was deemed valid and existing. The court further directed the applicant to lodge the record of appeal within twenty-one days and serve it within seven days of lodgment. Costs of the motion were awarded to the respondent.
Court Disposition
Application for extension of time allowed.
Orders
- The notice of appeal lodged on 30th May, 2003 is deemed valid and existing.
- The record of appeal shall be lodged within twenty-one days of the date of the ruling.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT KISUMU
CIVIL APPLICATION 331 OF 2005
CALTEX OIL (KENYA) LIMITED ……………....................…………… APPLICANT
AND
JOHANNES OKELLO OMBOTO …………….............………………… RESPONDENT
(Application for extension of time to file and serve notice and record of appeal out of time in an intended appeal from a judgment and decree of the High Court of Kenya at Kisumu (Wambilyangah, J) dated 19th May, 2003
in
H.C.C.C No. 193 of 1989
(Consolidated with H.C.C.C No. 200 of 1990))
********************
R U L I N G
The respondent does not oppose the applicant’s notice of motion dated and lodged in this Court on 7th November, 2005. Accordingly, I order that the notice of appeal lodged on 30th May, 2003 and which was validly lodged in time be and is hereby deemed to be still valid and existing though I doubt the necessity of such an order. I further order that the record of appeal be lodged within twenty one days of the date hereof and be served upon the respondent within seven days from the date of its lodgment. The applicant shall pay to the respondent Shs. 10,000/= as the costs of the motion.
Dated and delivered at Kisumu this 30th day of March, 2006.
R.S.C OMOLO
………………………….
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR