[2000] KECA 176 (KLR)
The court exercised its discretion under rule 4 of the Court of Appeal Rules to grant the applicant an extension of time to lodge the notice of appeal, despite questions regarding the validity of the previous extension granted by the superior court. The court held that the interests of justice required that the...
Source-derived case information.
- Citation
- [2000] KECA 176 (KLR)
- Parties
- Applicant: Francis Gicharu Kariri; Respondent: Peter Njoroge Mairu as personal representative of Mairu Wangaru (deceased)
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 26 of ??
- Procedural Posture
- Civil Application / Application for Extension of Time to File Appeal
- Outcome
- Application allowed. Extension of time granted.
- Judges
- JE Gicheru
- Legal Topics
- Extension of Time, Appeals Process, Court of Appeal Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Gicharu Kariri
Applicant
Peter Njoroge Mairu as personal representative of Mairu Wangaru (deceased)
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to File Appeal
Legal Issues
- 1 Whether the applicant should be granted an extension of time to file a notice and record of appeal against the High Court judgment.
- 2 Whether the previous extension of time granted by the superior court was valid under the relevant statutory provisions.
Ratio Decidendi
The court exercised its discretion under rule 4 of the Court of Appeal Rules to grant the applicant an extension of time to lodge the notice of appeal, despite questions regarding the validity of the previous extension granted by the superior court. The court held that the interests of justice required that the applicant be allowed to proceed with the appeal, and therefore extended the time for lodging the notice of appeal by 7 days from the date of the ruling, with the record of appeal to be lodged within 15 days thereafter. Costs of the application were awarded to the respondent.
Court Disposition
Application allowed. Extension of time granted.
Orders
- Time for lodging the notice of appeal is extended by 7 days from the date of this ruling.
- The record of appeal shall be lodged within 15 days from the date of lodging the notice of appeal.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEALAT NAIROBI(Coram: Gicheru, J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. NAI. 26 OF 2000
BETWEEN
FRANCIS GICHARU KARIRI....................................APPLICANT
AND
PETER NJOROGE MAIRU as personal representative of MAIRU WANGARU deceased................RESPONDENT
(An application for extension of time to file an Appeal
out of time in an intended appeal from a judgment of the High Court of Kenya at Nairobi (Lady Justice Owuor) dated 17/10/90 in H.C.C.C. NO. 131 OF 1987) *********************R U L I N G:
In this Notice of Motion, the applicant has sought extension of time within which to lodge the notice and record of appeal against the decision of the superior court given on 17th October, 1990. His appeal NO. 186 of 1999 February, 2000 for the reason, it would appear to me, that the extension of time to lodge the notice of appeal granted to the applicant by the superior court under section 7 of the Appellate Jurisdiction Act, Chapter 9 of the Laws of Kenya may not have been valid and that there was no order under rule 4 of the Court of Appeal Rules extending time within which to lodge and serve the record of appeal. The validity or otherwise of the extension of time to lodge the notice of appeal by the superior court and the absence of an order under rule 4 as are referred to above may in the circumstances of this application be a subject of debate. While that may be so, the ends of justice would not await the outcome of such debate. In the result, I in the exercise of my discretion under rule 4, supra, grant the applicant's application so that the time for lodging the notice of appeal is extended by 7 days from the date hereof and thereafter the record of appeal shall be lodged within 15 days from the date of lodging the notice of appeal. The costs occasioned by this application assessed at K.Shs. 3,000/ are awarded to the respondent in any event.
Dated and delivered at Nairobi this 21st day of July, 2000.
J.E. GICHERU
.................
JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR