[2015] KECA 44 (KLR)
The court found that, upon perusal of the application, supporting affidavit, and submissions from both parties, the applicants had demonstrated merit in their request for extension of time. The judge exercised discretion in favor of the applicants, allowing them to file and serve the notice of appeal within seven...
Source-derived case information.
- Citation
- [2015] KECA 44 (KLR)
- Parties
- Appellant: David Maritim Rotuk; Appellant: Petronilla Chepkurgat Kebenei; Respondent: Jepsongok Cheruiyot; Respondent: Kirwa Tarus
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Civil Application 77 of 2015
- Procedural Posture
- Civil Application / Application for Extension of Time to File Notice and Record of Appeal
- Outcome
- application allowed
- Legal Topics
- Extension of Time, Appeals Process, Late Filing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Maritim Rotuk
Appellant
Petronilla Chepkurgat Kebenei
Appellant
Jepsongok Cheruiyot
Respondent
Kirwa Tarus
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to File Notice and Record of Appeal
Legal Issues
- 1 Whether the applicants should be granted leave to file and serve a notice of appeal and record of appeal out of time.
Ratio Decidendi
The court found that, upon perusal of the application, supporting affidavit, and submissions from both parties, the applicants had demonstrated merit in their request for extension of time. The judge exercised discretion in favor of the applicants, allowing them to file and serve the notice of appeal within seven days and the record of appeal within thirty days of service of the notice. The decision was guided by the principle that justice should be served by allowing parties an opportunity to be heard on appeal, provided sufficient cause for delay is established.
Court Disposition
application allowed
Orders
- The applicants shall file and serve the notice of appeal within seven days.
- The applicants shall file and serve the record of appeal within thirty days of service of the notice of appeal.
Full Case Text
Judgment text and source record
25 paragraphs
IN THE COURT OF APPEAL
AT ELDORET
CORAM: MARAGA,J.A, (IN CHAMBERS)
CIVIL APPLICATION NO. 77 OF 2015
BETWEEN
DAVID MARITIM ROTUK ................................................... 1ST APPELLANT
PETRONILLA CHEPKURGAT KEBENEI................................ 2ND APPELLANT
AND
JEPSONGOK CHERUIYOT................................................. 1ST RESPONDENT
KIRWA TARUS ............................................................... 2ND RESPONDENT
(An application for leave to file and serve a Notice Of Appeal and Record Of Appeal out of time in the High Court Of Kenya at Eldoret (Kanyi J.) delivered on 22nd February, 2015
in
HC.MISC. SUCC. CAUSE NO. 754 OF 2008)
****************************
RULING
Having perused the application and the averments in the affidavit in support of it and having considered the submissions by counsel for both parties, I find that the application has merit. Consequently, I allow it and order that the applicant shall file and serve the notice of appeal within seven days and the record of appeal within 30 days of service of the notice of appeal.
The costs of this application shall be costs in the intended appeal.
DATED this 24th day of June, 2015
D.K.MARAGA
…………………………
JUDGE OF APPEAL
I certify that this is
a true copy of the original
DEPUTY REGISTRAR
KISUMU