[1996] KECA 130 (KLR)
The court exercised its discretion to grant the extension of time for service of the notice of appeal, noting that there was no objection from the respondents and the application was found to be meritorious. The interests of justice favored allowing the application, and the notice of appeal was deemed duly served...
Source-derived case information.
- Citation
- [1996] KECA 130 (KLR)
- Parties
- Applicant: Central Kenya Limited; Respondent: Trust Bank Limited; Respondent: Trust Finance Limited; Respondent: Floriculture International Ltd.; Respondent: First National Finance Ltd.; Respondent: Registrar of Titles
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 167 of 1996
- Procedural Posture
- Civil Application / Application for Extension of Time for Service of Notice of Appeal
- Outcome
- Application allowed. Extension of time granted for service of notice of appeal.
- Legal Topics
- Extension of Time, Service of Notice, Appeals Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Central Kenya Limited
Applicant
Trust Bank Limited
Respondent
Trust Finance Limited
Respondent
Floriculture International Ltd.
Respondent
First National Finance Ltd.
Respondent
Registrar of Titles
Respondent
Procedural Posture
Civil Application / Application for Extension of Time for Service of Notice of Appeal
Legal Issues
- 1 Whether the applicant should be granted an extension of time to serve the notice of appeal.
Ratio Decidendi
The court exercised its discretion to grant the extension of time for service of the notice of appeal, noting that there was no objection from the respondents and the application was found to be meritorious. The interests of justice favored allowing the application, and the notice of appeal was deemed duly served for the purposes of the intended appeal. Costs were ordered to be in the intended appeal, and the applicant was directed to file the appeal within 30 days.
Court Disposition
Application allowed. Extension of time granted for service of notice of appeal.
Orders
- Time for service of the Notice of Appeal dated 30th April, 1996 is extended.
- The attached Notice is deemed duly and properly served on all interested parties for the purposes of the intended appeal.
Full Case Text
Judgment text and source record
13 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
CORAM: TUNOI, J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. NAI. 167 OF 1996BETWEEN
CENTRAL KENYA LIMITED ...................................................... APPLICANT AND
TRUST BANK LIMITED TRUST FINANCE LIMITED FLORICULTURE INTERNATIONAL LTD. FIRST NATIONAL FINANCE LTD. REGISTRAR OF TITLES ....................................................RESPONDENTS
(Application for extension of time for Service of Notice of Appeal from a conviction ........ of the High Court of Kenya at Nairobi (Mr. Justice Mbogholi- Msagha) dated 24th April, 1996 in H.C.C.C. NO. 3590 OF 1995) **********************RULING
There being no objection to the application before me, which in fact is meritorious, I allow it as prayed. Time for service of the Notice of Appeal dated 30th April, 1996 is extended and the attached Notice is deemed duly and properly served on all interested parties for the purposes of the intended appeal. Costs of this application shall be in the intended appeal which shall be filed within 30 days hereof.
Dated and delivered at Nairobi this 16th day of September, 1996.
P. K. TUNOI...............JUDGE OF APPEAL
I certify that this is a
true copy of the original.
DEPUTY REGISTRAR