[2001] KECA 260 (KLR)
The court exercised its discretion to grant the extension of time for lodging the record of appeal because the respondent did not appear to oppose the application, and the hearing date had been fixed by consent. The absence of opposition and the procedural fairness in setting the hearing date justified granting the...
Source-derived case information.
- Citation
- [2001] KECA 260 (KLR)
- Parties
- Applicant: Francis Munyua Wanyoike; Respondent: Sobhagchand Gosar Shar
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 324 of 2000
- Procedural Posture
- Civil Application / Application for Extension of Time to File Record of Appeal
- Outcome
- application granted
- Judges
- JE Gicheru
- Legal Topics
- Extension of Time, Appeals Process, Record of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Munyua Wanyoike
Applicant
Sobhagchand Gosar Shar
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to File Record of Appeal
Legal Issues
- 1 Whether the applicant should be granted an extension of time to file the record of appeal.
Ratio Decidendi
The court exercised its discretion to grant the extension of time for lodging the record of appeal because the respondent did not appear to oppose the application, and the hearing date had been fixed by consent. The absence of opposition and the procedural fairness in setting the hearing date justified granting the extension, thereby deeming the already filed record of appeal as properly lodged within the extended period.
Court Disposition
application granted
Orders
- Time for lodging the record of appeal in Civil Appeal No. 17 of 2000 is extended to 21st February, 2000.
- The record of appeal is deemed to have been lodged within the extended time.
Full Case Text
Judgment text and source record
17 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI (CORAM: GICHERU, J.A. (IN CHAMBERS) CIVIL APPLICATION NO. NAI. 324 OF 2000
BETWEEN
FRANCIS MUNYUA WANYOIKE.....................................APPLICANT
AND
SOBHAGCHAND GOSAR SHAR................................RESPONDENT
(An application for extension of time to file a Record of Appeal from a judgment of the High Court of Kenya at Nairobi (Ang'awa, J.) dated 2/6/99
in
H.C.C.C. NO. 2283 OF 1995) ******************
RULING
As the respondent has not appeared to defend this application despite today's hearing date having been taken by consent of parties, the applicant's application is granted so that the time for lodging the record of appeal in the already filed Civil Appeal No. 17 of 2000 is extended to 21st February, 2000 the effect of which extension being that the said record is deemed to have been lodged within the extended time.
Dated and delivered in Nairobi this 12th day of March,2001.
J.E. GICHERU
............................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTR