[2000] KECA 247 (KLR)
The court found that there was no inordinate delay in bringing the application for extension of time, and that any mistakes made were attributable to previous counsel rather than the applicant. The applicant demonstrated a genuine desire to have the matter determined on its merits. In the interests of justice, the...
Source-derived case information.
- Citation
- [2000] KECA 247 (KLR)
- Parties
- Applicant: Dolphin Palms Limited; Respondent: Al-Nasibh Trading Company Ltd.; Respondent: Happy Twins Freight Forwarders Ltd.; Respondent: Samuel Alex Ayieko Oyugi; Respondent: Margaret Akinyi Ayieko
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 232 of ??
- Procedural Posture
- Extension of Time Application / Ruling on Application for Extension of Time to Lodge Notice and Record of Appeal
- Outcome
- Application allowed. Extension of time granted.
- Legal Topics
- Extension of Time, Appeals Process, Discretion of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dolphin Palms Limited
Applicant
Al-Nasibh Trading Company Ltd.
Respondent
Happy Twins Freight Forwarders Ltd.
Respondent
Samuel Alex Ayieko Oyugi
Respondent
Margaret Akinyi Ayieko
Respondent
Procedural Posture
Extension of Time Application / Ruling on Application for Extension of Time to Lodge Notice and Record of Appeal
Legal Issues
- 1 Whether the applicant should be granted an extension of time to lodge a Notice of Appeal and Record of Appeal.
- 2 Whether any delay in filing the application was inordinate and attributable to the applicant.
Ratio Decidendi
The court found that there was no inordinate delay in bringing the application for extension of time, and that any mistakes made were attributable to previous counsel rather than the applicant. The applicant demonstrated a genuine desire to have the matter determined on its merits. In the interests of justice, the court exercised its discretion in favour of the applicant, granting the extension of time to file the Notice of Appeal and Record of Appeal. The court also awarded costs to the first respondent, assessed at KES 15,000, to be paid within seven days.
Court Disposition
Application allowed. Extension of time granted.
Orders
- Time is extended for lodging a Notice of Appeal against the decision of Ang'awa J. made on 22nd July, 1997; Notice of Appeal to be filed within 7 days.
- Record of Appeal to be lodged within 21 days thereafter.
Full Case Text
Judgment text and source record
9 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CORAM: TUNOI, J.A. (IN CHAMBERS) CIVIL APPLICATION NO. NAI. 232 OF 2000 (106/200 UR) BETWEEN
DOLPHIN PALMS LIMITED .............................. APPLICANT AND (1) AL-NASIBH TRADING COMPANY LTD. ......... FIRST RESPONDENT (2) HAPPY TWINS FREIGHT FORWARDERS LTD. ... SECOND RESPONDENT (3) SAMUEL ALEX AYIEKO OYUGI ............... THIRD RESPONDENT (4) MARGARET AKINYI AYIEKO ................ FOURTH RESPONDENT
(Application for extension of time to lodge a Notice of Appeal and Record of Appeal in the intended appeal from the order of the High Court of Kenya at Mombasa (Ang'awa, J.) dated 22nd July, 1997 in H.C.C.C. NO. 234 OF 1994) ******************** R U L I N G
The background of this application is well-known to me, the matter having been before this court on three other occasions. I need not therefore rehash the facts.
As far as the application is concerned, there has not been any inordinate delay in lodging and prosecuting it. Further, whatever mistakes may have been committed by several counsel handling the matter should not be revisited on the innocent applicant. What is clear, in my mind, is that the applicant is strongly desirous in having the matter finally decided by this court. In the circumstances and in the interests of justice I should exercise my discretion in its favour.
I allow the application. Time is extended for lodging a Notice of Appeal against the decision of Ang'awa J. made on 22nd July, 1997. It should be filed within 7 days hereof. The Record of Appeal shall be lodged within 21 days thereafter. The costs of this application which I assess at Shs.15,000/= shall be paid to the first respondent within 7 days hereof.
Made at Nairobi this 24th day of August, 2000.
P. K. TUNOI ............... JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR