[1998] KECA 268 (KLR)
The court held that the application for extension of time was made promptly and that there were no factors such as fraud, overreaching, or undue delay that would disentitle the applicant to the exercise of the court's discretion. The overriding principle is that justice requires disputes to be determined on their...
Source-derived case information.
- Citation
- [1998] KECA 268 (KLR)
- Parties
- Applicant: Catherine Karl; Respondent: Guenter Otto Karl
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 152 of 1998
- Procedural Posture
- Civil Application / Application for Extension of Time to File Notice and Record of Appeal
- Outcome
- Application allowed; extension of time granted subject to payment of costs.
- Legal Topics
- Extension of Time, Appeals Process, Exercise of Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Catherine Karl
Applicant
Guenter Otto Karl
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 Notice of Appeal and a record of appeal.
- 2 What principles govern the exercise of the court's discretion in applications for extension of time.
Ratio Decidendi
The court held that the application for extension of time was made promptly and that there were no factors such as fraud, overreaching, or undue delay that would disentitle the applicant to the exercise of the court's discretion. The overriding principle is that justice requires disputes to be determined on their merits wherever possible. Accordingly, the court exercised its discretion in favour of the applicant, allowing the extension of time to file the Notice of Appeal and the record of appeal, subject to payment of costs to the respondent within a specified period.
Court Disposition
Application allowed; extension of time granted subject to payment of costs.
Orders
- Notice of Appeal to be filed within 3 days from the date of the ruling.
- Record of Appeal to be filed within 14 days thereafter.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: LAKHA, J.A. (IN CHAMBERS))
CIVIL APPLICATION NO. NAI. 152 OF 1998 (57/98UR)
BETWEEN
CATHERINE KARL .................................... APPLICANT
AND
GUENTER OTTO KARL ................................. RESPONDENT
(An intended appeal from part of the Ruling of the High Court of Kenya at Nairobi (Justice Hayanga) dated 19th September, 1997 in H.C.C.C. NO. 21 OF 1997) ***************
R U L I N G
This is an application for extension of time to file a Notice of Appeal and a record of appeal. The appeal was struck out on 12th June, 1998 and the application was filed on 19th June, 1998. There was, therefore, no delay in making this application. The starting point in the consideration of an application of this nature is rule 4 itself which makes no difference in the class of the application but makes justice of the case a paramount consideration. It is a principle of the administration of justice that disputes should be decided on merits insofar as this is possible, unless there is fraud, overreaching or delay or such grounds are present as may disentitle the applicant to the unfettered exercise of the Court's discretion.
Having carefully considered all the factors, I am satisfied that this is a fit and proper case for the exercise of my discretion. I do not see how I can say that the applicant is undeserving of the exercise of the Court's discretion. Accordingly, I order that the Notice of Appeal shall be filed within 3 days from today and the Record of Appeal within 14 days thereafter. The applicant shall pay to the respondent the costs of this application assessed at Shs. 2,500/= within 10 days failing which this application shall lapse as if the same had been dismissed.
Dated and delivered at Nairobi this 20th day of July, 1998.
A.A. LAKHA
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR