[2008] KECA 23 (KLR)

[2008] KECA 23 (KLR)

The court determined that it was necessary to adjourn the application part-heard to allow the parties to provide further proceedings and annexures to establish the coram of the court before the learned Judge of the superior court on 21st February, 2008. The court exercised its discretion to grant leave for the...

Source-derived case information.

Citation
[2008] KECA 23 (KLR)
Parties
Applicant: Ease Move Logistics Company Limited; Applicant: Daniel Moronge Rurii; Respondent: Joshua Otieno Sirare (suing as the personal representative of the estate of Augustine Yalla Sirare - deceased)
Court
Court of Appeal
Court Station
Court of Appeal at Nakuru
Jurisdiction
Kenya
Case Number
Civil Application 112 of 2008
Procedural Posture
Civil Application / Application for Extension of Time to File and Serve Notice of Appeal and Record of Appeal Out of Time
Outcome
Application adjourned part-heard; leave granted to file further affidavits; costs in the application.
Judges
PK Tunoi
Legal Topics
Extension of Time, Appeals Process, Filing Requirements
Source Language
en
Civil Procedure Extension of Time Appeals Process Filing Requirements

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Summary, issues, holding and outcome

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Parties

Ease Move Logistics Company Limited

Applicant

Daniel Moronge Rurii

Applicant

Joshua Otieno Sirare (suing as the personal representative of the estate of Augustine Yalla Sirare - deceased)

Respondent

Procedural Posture

Civil Application / Application for Extension of Time to File and Serve Notice of Appeal and Record of Appeal Out of Time

Legal Issues

  1. 1 Whether the applicants should be granted an extension of time to file and serve the notice of appeal and record of appeal out of time.
  2. 2 Whether further proceedings and annexures are necessary to establish the coram of the court before the learned Judge on 21st February, 2008.

Ratio Decidendi

The court determined that it was necessary to adjourn the application part-heard to allow the parties to provide further proceedings and annexures to establish the coram of the court before the learned Judge of the superior court on 21st February, 2008. The court exercised its discretion to grant leave for the parties to file these documents by way of further affidavits, recognizing the importance of procedural clarity before making a final determination on the application for extension of time.

Court Disposition

Application adjourned part-heard; leave granted to file further affidavits; costs in the application.

Orders

  • The application is adjourned part-heard to the next session.
  • Parties are granted leave to lodge further proceedings and annexures to show the coram of the court before the learned Judge on 21st February, 2008 by way of further affidavits.