[1996] KECA 122 (KLR)
The court found that the applicant's explanation for the delay, namely ill health and acting in person, was reasonable and excusable. The respondent did not oppose the application. Exercising its discretion under rule 4 of the Court of Appeal Rules, the court allowed the application and extended the time for filing...
Source-derived case information.
- Citation
- [1996] KECA 122 (KLR)
- Parties
- Appellant: Dalmas Bedde Ogoye; Respondent: Kenya National Trading Corporation
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 153 of 1996
- Procedural Posture
- Civil Application / Application for Extension of Time to File Appeal
- Outcome
- Application allowed. Time for filing notice of appeal and record of appeal extended.
- Judges
- RO Kwach
- Legal Topics
- Extension of Time, Appeal Procedure, Court of Appeal Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dalmas Bedde Ogoye
Appellant
Kenya National Trading Corporation
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to File Appeal
Legal Issues
- 1 Whether the applicant has provided sufficient reason for the delay in filing the notice and record of appeal.
- 2 Whether the court should exercise its discretion to extend time for filing the appeal.
Ratio Decidendi
The court found that the applicant's explanation for the delay, namely ill health and acting in person, was reasonable and excusable. The respondent did not oppose the application. Exercising its discretion under rule 4 of the Court of Appeal Rules, the court allowed the application and extended the time for filing the notice of appeal and the record of appeal. The costs of the application were ordered to be in the appeal.
Court Disposition
Application allowed. Time for filing notice of appeal and record of appeal extended.
Orders
- Time for filing a notice of appeal extended by 7 days from the date of the ruling.
- Time for filing a record of appeal extended by 14 days from the date of filing the notice of appeal.
Full Case Text
Judgment text and source record
22 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
CORAM: KWACH, J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. NAI. 153 OF 1996
BETWEEN
DALMAS BEDDE OGOYE .............................................. APPELLANT
AND
KENYA NATIONAL TRADING CORPORATION .........RESPONDENT
(Application for extension of time to file appeal in an intended appeal from a judgment and decree of the High Court of Kenya at Nairobi (Justice Githinji) dated 16th October, 1991
in H.C.C.C. NO. 2867 OF 1989) **********
R U L I N G
This is an application under rule 4 of the Court of Appeal Rules for extension of time to file a notice of appeal and an appeal out of time, the first appeal filed by the applicant (Civil Appeal No. 91 of 1993), having been struck out by this Court on 25th October, 1995, because the record of appeal did not contain a certified copy of the decree as required by rule 85(1)(h) of the Court of Appeal Rules.
The applicant has explained the delay from 25th October, 1995 to 21st May, 1996, when he filed this motion, to ill health and since he appears to be acting in person, I think it is excusable. The respondent has not appeared, though served, to contest the application.
I allow the application and extend the time for filing a notice of appeal by 7 days from today, and for filing a record of appeal by 14 days from the date of filing the notice of appeal. Costs of the application to be in the appeal.
Dated and delivered at Nairobi this 18th day of June, 1996.
R.O. KWACH
......................
JUDGE OF APPEAL
I certify that this is a
true copy of the original.
..............................
DEPUTY REGISTRAR