[2003] KEHC 855 (KLR)
The court found that the applicant had served the application for leave and that the respondent had filed grounds of opposition but failed to demonstrate any prejudice that would result from granting the application. The court exercised its discretion to allow the application for leave to appeal out of time, subject...
Source-derived case information.
- Citation
- [2003] KEHC 855 (KLR)
- Parties
- Appellant: Charles B. Jumae; Respondent: Express Procurement Services Ltd.
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 20 of 1998
- Procedural Posture
- Civil Appeal / Application for Leave to Appeal Out of Time
- Outcome
- Application for leave to appeal out of time granted.
- Legal Topics
- Leave to Appeal, Extension of Time, Service of Process
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Charles B. Jumae
Appellant
Express Procurement Services Ltd.
Respondent
Procedural Posture
Civil Appeal / Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant should be granted leave to lodge an appeal out of time.
- 2 Whether the respondent will suffer prejudice if leave is granted.
Ratio Decidendi
The court found that the applicant had served the application for leave and that the respondent had filed grounds of opposition but failed to demonstrate any prejudice that would result from granting the application. The court exercised its discretion to allow the application for leave to appeal out of time, subject to the condition that the appeal be filed and prosecuted within 18 months from the date of the ruling. Costs were ordered to be in the cause.
Court Disposition
Application for leave to appeal out of time granted.
Orders
- Leave to lodge the appeal is granted.
- The appeal must be filed and prosecuted within 18 months from the date of this ruling.
Full Case Text
Judgment text and source record
9 paragraphs
IN THE HIGH COURT OF KENYA
AT MOMBASA
CIVIL APPEAL NO. 20 OF 1998 CHARLES B. JUMAE ……………………………………. APPELLANT VERSUS EXPRESS PROCUREMENT SERVICES LTD. …………. RESPONDENT
RULING
The Applicant express Procurement Services Limited were aggrieved by the Ruling by the court of the 8th September 2000 and preferred to appeal against the same. A notice was issued and an appeal filed without seeking leave of the court and to do so and consequently the appeal was dismissed. The Applicant now seeks leave to lodge the said appeal.
The application was served upon the counsel for the Respondent and a return of service filed. I have read the said return of service and noted that in deed service was effected and grounds of opposition filed. There has not been shown that the Respondent will suffer any prejudice if the application is allowed. I will grant the same. However, the said appeal is to be filed and prosecuted within a period not exceeding 18 months from the date hereof. Costs will be in the cause.
Dated at Mombasa this 22nd day of May 2003.
P.M. TUTUI COMMISSIONER OF ASSIZE
Delivered at Mombasa this 16th day of June, 2003.