[1998] KECA 110 (KLR)
The court found, based on the supporting affidavit and submissions by the applicants' counsel, that sufficient cause had been demonstrated to warrant the exercise of judicial discretion in favour of the applicants. Consequently, the application for extension of time to file the intended appeal was granted, allowing...
Source-derived case information.
- Citation
- [1998] KECA 110 (KLR)
- Parties
- Applicant: George Mwangi Karanja; Applicant: Peter Ndegwa Kamonde; Respondent: Nelius Wairimu Kiunjuri
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 206 of 1998
- Procedural Posture
- Civil Application / Application for Extension of Time to File Appeal
- Outcome
- Application granted.
- Legal Topics
- Extension of Time, Appeals Process, Exercise of Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Mwangi Karanja
Applicant
Peter Ndegwa Kamonde
Applicant
Nelius Wairimu Kiunjuri
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to File Appeal
Legal Issues
- 1 Whether the applicants have demonstrated sufficient cause for extension of time to file an appeal out of time.
Ratio Decidendi
The court found, based on the supporting affidavit and submissions by the applicants' counsel, that sufficient cause had been demonstrated to warrant the exercise of judicial discretion in favour of the applicants. Consequently, the application for extension of time to file the intended appeal was granted, allowing the applicants to serve the notice of appeal within 14 days and file the record of appeal within 60 days thereafter.
Court Disposition
Application granted.
Orders
- Notice of Appeal to be served within 14 days from the date of the ruling.
- Record of appeal to be filed within 60 days thereafter.
Full Case Text
Judgment text and source record
2 paragraphs
IN THE COURT OF APPEAL AT NAIROBI (CORAM: LAKHA, J.A. (IN CHAMBERS) CIVIL APPLICATION NO. NAI. 206 OF 1998 BETWEEN GEORGE MWANGI KARANJA PETER NDEGWA KAMONDE ................................APPLICANTS AND NELIUS WAIRIMU KIUNJURI .............................RESPONDENT (An application for extension of time to file an intended appeal out of time from the Judgment of the High Court of Kenya at Nairobi (Justice Mbito) dated 1st November, 1996 in H.C.C.C. NO. 3945 OF 1989) ************** R U L I N G
Having heard Mr. Gatumuta for the applicant and in view of the supporting affidavit, I am satisfied that this is a fit and proper case for the exercise of my discretion. Accordingly, the application is granted as prayed. Notice of Appeal be served within 14 days from today and the record of appeal to be filed within 60 days thereafter. Dated and delivered at Nairobi this 19th day of November, 1998. A.A. LAKHA JUDGE OF APPEAL I certify that this is a true copy of the original. DEPUTY REGISTRAR