[2005] KECA 43 (KLR)
The court exercised its discretion to grant the extension of time as the application was not opposed by the respondents. The applicant is therefore allowed to file and serve the notice of appeal within 7 days from the date of the ruling and to lodge the record of appeal within 30 days from the date the notice of...
Source-derived case information.
- Citation
- [2005] KECA 43 (KLR)
- Parties
- Applicant: Gad David Ojuando; Respondent: Prof. Nimrod Bwibo (Chairman Maseno University Council); Respondent: Prof. F. N. Onyango (Vice Chairman Maseno University); Respondent: Maseno University
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Application 199 of 2005
- Procedural Posture
- Extension of Time Application / Ruling on Application for Extension of Time to File and Serve Notice of Appeal
- Outcome
- application allowed
- 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
Gad David Ojuando
Applicant
Prof. Nimrod Bwibo (Chairman Maseno University Council)
Respondent
Prof. F. N. Onyango (Vice Chairman Maseno University)
Respondent
Maseno University
Respondent
Procedural Posture
Extension of Time Application / Ruling on Application for Extension of Time to File and Serve Notice of Appeal
Legal Issues
- 1 Whether the applicant should be granted extension of time to file and serve notice of appeal out of time.
- 2 Whether the application for extension of time is opposed by the respondents.
Ratio Decidendi
The court exercised its discretion to grant the extension of time as the application was not opposed by the respondents. The applicant is therefore allowed to file and serve the notice of appeal within 7 days from the date of the ruling and to lodge the record of appeal within 30 days from the date the notice of appeal is filed. Costs of KES 3,500 are awarded to the respondent as agreed.
Court Disposition
application allowed
Orders
- The applicant to file and serve the notice of appeal within 7 days from the date of the ruling.
- The record of appeal to be lodged within 30 days from the date the notice of appeal is filed.
Full Case Text
Judgment text and source record
6 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU CORAM: O’KUBASU, J.A. (IN CHAMBERS) CIVIL APPLICATION NAI 199 OF 2005 BETWEEN GAD DAVID OJUANDO ……………………….………………. APPLICANT AND 1. PROF. NIMROD BWIBO (CHAIRMAN MASENO UNIVERSITY COUNCIL) 2. PROF. F. N. ONYANGO………………………………………..…RESPONDENTS (VICE CHAIRMAN MASENO UNIVERSITY) 3. MASENO UNIVERSITY
(Being application for extension of time to file and serve notice of appeal out of time and thereafter lodge the appeal from part of the decision/orders of the High Court of Kenya at Kisumu (Mr. Justice M. Warsame) dated 23rd May, 2005 in KISUMU H.C.C.C. NO. 101 OF 2003) ********** R U L I N G
This is an application underrule 4 of the Court of Appeal Rules seeking extension of time in which to file and serve notice of appeal out of time and lodge record of appeal. The application is not opposed. Accordingly the application is allowed and the notice of appeal is to be filed and served within 7 days from the date hereof and the record of appeal to be lodged within 30 days from the date the notice of appeal is filed. Costs agreed at Shs.3,500/= to the respondent.
Made at Kisumu this 25th day of November, 2005.
E. O. O’KUBASU…………………………JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR