[2002] KECA 210 (KLR)
The court found that, considering all the circumstances of the case, it was appropriate to exercise its discretion in favour of the applicant. The applicant was granted an extension of 7 days to file and serve the notice of appeal, subject to payment of costs to the respondent. The court considered the interests of...
Source-derived case information.
- Citation
- [2002] KECA 210 (KLR)
- Parties
- Applicant: Concord Insurance Company Limited; Respondent: David Otieno Alinyo & Joash Otweli Alinyo (Suing as legal representatives of Wellington Alinyo, Deceased)
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Application 75 of 2002
- Procedural Posture
- Civil Application / Application for Extension of Time to File and Serve Notice of Appeal
- Outcome
- application allowed with conditions
- Legal Topics
- Extension of Time, Notice of Appeal, Appeals Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Concord Insurance Company Limited
Applicant
David Otieno Alinyo & Joash Otweli Alinyo (Suing as legal representatives of Wellington Alinyo, Deceased)
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to File and Serve Notice of Appeal
Legal Issues
- 1 Whether the applicant should be granted an extension of time to file and serve the notice of appeal out of time.
Ratio Decidendi
The court found that, considering all the circumstances of the case, it was appropriate to exercise its discretion in favour of the applicant. The applicant was granted an extension of 7 days to file and serve the notice of appeal, subject to payment of costs to the respondent. The court considered the interests of justice and the reasons advanced for the delay, finding them sufficient to warrant the extension sought.
Court Disposition
application allowed with conditions
Orders
- Time to file notice of appeal extended by 7 days.
- Time to serve notice of appeal extended by 7 days.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL AT KISUMU
(CORAM: LAKHA, J.A (IN CHAMBERS)
CIVIL APPLICATION NO. NAI. 75 OF 2002BETWEEN
CONCORD INSURANCE COMPANY LIMITED ....................APPLICANT
VERSUS
DAVID OTIENO ALINYO & JOASH OTWELI ALINYO
(Suing as legal representatives of
WELLINGTON ALINYO (DECEASED) ..........................RESPONDENTS (Application for extension of time to file and serve notice of appeal out of time in an intended appeal from the Judgment and decree of the High Court of Kenya at Kisumu (Mr. Justice Wambilyangah) dated 27th June, 2000 in H.C.C.C NO. 110 OF 1990) ***************R U L I N GIn all the circumstances of the case I consider this a fit and proper case for the exercise of my discretion. Time to file Notice of appeal extended by 7 days and 7 days to serve. Applicant to pay Sh.5,000/= costs of this application to the respondent within 7 days after which leave is granted to execute.Dated and delivered at Kisumu this 11th day of June,2002. A.A. LAKHA...............JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR