[2009] KECA 9 (KLR)
The court dismissed the application for extension of time because neither the applicant nor their counsel appeared at the hearing. Pursuant to Rule 55(1) of the Court of Appeal Rules, the absence of the applicant or their advocate entitles the court to dismiss the application. The court exercised this discretion and...
Source-derived case information.
- Citation
- [2009] KECA 9 (KLR)
- Parties
- Applicant: Dr. C.O. Okere; Respondent: Esther Nduta Khyukia; Respondent: Esther Muthoni; Respondent: City Council of Nairobi
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 158 of 2009
- Procedural Posture
- Civil Application / Ruling on Application for Extension of Time
- Outcome
- application dismissed with costs to the 1st and 3rd respondents
- Legal Topics
- Extension of Time, Appeals Process, Dismissal for Nonattendance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dr. C.O. Okere
Applicant
Esther Nduta Khyukia
Respondent
Esther Muthoni
Respondent
City Council of Nairobi
Respondent
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the application for extension of time to file and serve the memorandum and record of appeal should be granted.
- 2 Whether absence of the applicant or counsel warrants dismissal of the application.
Ratio Decidendi
The court dismissed the application for extension of time because neither the applicant nor their counsel appeared at the hearing. Pursuant to Rule 55(1) of the Court of Appeal Rules, the absence of the applicant or their advocate entitles the court to dismiss the application. The court exercised this discretion and awarded costs to the 1st and 3rd respondents.
Court Disposition
application dismissed with costs to the 1st and 3rd respondents
Orders
- The application dated 5th June, 2009 is dismissed with costs to the 1st and 3rd respondents.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI
CIVIL APPLICATION 158 OF 2009
DR.C.O. OKERE....................................................APPLICANT
AND
ESTHER NDUTA KHYUKIA...........................1ST RESPONDENT
ESTHER MUTHONI......................................2ND RESPONDENT
CITY COUNCIL OF NAIROBI.........................3RD RESPONDENT
(An application for leave to extend time to file and serve the memorandum and record of appeal against the judgment in the High Court of Kenya at Nairobi (Rawal, J) dated 4th May 2007
in
H.C.C.C.NO.2 OF 2004)
***********
RULING
In view of the absence of the applicant and/or counsel the application dated 5th June, 2009 is hereby dismissed with costs to the 1st and 3rd respondents pursuant Rule 55(1) of the Courts’ Rules.
It is so ordered.
DATED and delivered at Nairobi this 10th day of November, 2009.
J.G. NYAMU
.............................
JUDGE OF APPEAL
I certify that this is atrue copy of the original.
DEPUTY REGISRAR