[2001] KECA 177 (KLR)
The court found that the applicant had demonstrated sufficient cause for the delay and that this was a fit and proper case for the exercise of judicial discretion. The interests of justice required that the applicant be granted an opportunity to appeal, and no undue prejudice would be caused to the respondent by...
Source-derived case information.
- Citation
- [2001] KECA 177 (KLR)
- Parties
- Applicant: Charles Okuku Nakhulo; Respondent: Angeline Nekesa Oduori
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous Application 380 of ??
- Procedural Posture
- Extension of Time Application / Ruling on Application for Extension of Time
- Outcome
- application allowed
- Legal Topics
- Extension of Time, Appeals Process, Discretion of Court
- 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
Charles Okuku Nakhulo
Applicant
Angeline Nekesa Oduori
Respondent
Procedural Posture
Extension of Time Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the applicant has demonstrated sufficient cause for the extension of time to file a notice, record, and memorandum of appeal.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient cause for the delay and that this was a fit and proper case for the exercise of judicial discretion. The interests of justice required that the applicant be granted an opportunity to appeal, and no undue prejudice would be caused to the respondent by allowing the extension. Accordingly, the application for extension of time was allowed, with specific timelines for filing and serving the necessary documents.
Court Disposition
application allowed
Orders
- Notice of Appeal to be filed within 14 days.
- Notice of Appeal to be served upon the Respondent within 7 days of filing.
Full Case Text
Judgment text and source record
2 paragraphs
IN THE COURT OF APPEAL AT KISUMU CORAM: LAKHA, J.A. (IN CHAMBERS) CIVIL APPLICATION NO. NAI 380 OF 2000 (KSM. 51/2000) BETWEEN CHARLES OKUKU NAKHULO ................................APPLICANT AND ANGELINE NEKESA ODUORI ...............................RESPONDENT (Application for extension of time to file notice, record and memorandum of appeal in an appeal from a judgment of the High Court of Kenya at Busia (Mbito J) dated 30th September, 1999 in H.C.CIV.APP. NO. 19 OF 1997) **************** R U L I N G I am satisfied that this is a fit and proper case for the exercise of my discretion. Accordingly the application is allowed. Notice of Appeal to be filed within 14 days and served upon the Respondent within 7 days. The record to be filed within 60 days thereafter. Costs to abide the appeal. Dated and delivered at Kisumu this 20th day of March, 2001. A. A. LAKHA JUDGE OF APPEAL
I certify that this a true copy of the original. DEPUTY REGISTRAR