[2000] KECA 220 (KLR)
The court granted the application for extension of time because the respondent did not object, and there was no reason presented to deny the request. The court exercised its discretion to allow the applicants additional time to file the Notice for grounds for affirming the High Court decision and the Notice of Cross...
Source-derived case information.
- Citation
- [2000] KECA 220 (KLR)
- Parties
- Applicant: George Roine Titus; Applicant: Daniel Ndichu; Respondent: John P. Nangurai; Respondent: Harry Lewis Nangurai (now deceased)
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 107 of 1999
- Procedural Posture
- Civil Appeal / Application for Extension of Time
- Outcome
- Application granted. Extension of time allowed.
- Legal Topics
- Extension of Time, Notice of Grounds, Cross Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Roine Titus
Applicant
Daniel Ndichu
Applicant
John P. Nangurai
Respondent
Harry Lewis Nangurai (now deceased)
Respondent
Procedural Posture
Civil Appeal / Application for Extension of Time
Legal Issues
- 1 Whether the applicants should be granted an extension of time to file the Notice for grounds for affirming the High Court decision and the Notice of Cross Appeal.
Ratio Decidendi
The court granted the application for extension of time because the respondent did not object, and there was no reason presented to deny the request. The court exercised its discretion to allow the applicants additional time to file the Notice for grounds for affirming the High Court decision and the Notice of Cross Appeal, ensuring that the appeal process could proceed fairly. The order was made in the interest of justice and procedural fairness, with costs awarded to the respondent.
Court Disposition
Application granted. Extension of time allowed.
Orders
- Time for filing Notice for grounds for affirming the decision of the High Court and the Notice of Cross Appeal in CA No. 107 of 1999 is extended by five days from the date of the ruling.
- Costs of the application awarded to the respondent.
Full Case Text
Judgment text and source record
8 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: OWUOR, J.A (IN CHAMBERS) CIVIL APPEAL (APPLICATION) NO. 107 OF 1999 BETWEEN
1. GEORGE ROINE TITUS 2. DANIEL NDICHU ...........................APPLICANTS AND JOHN P. NANGURAI HARRY LEWIS NANGURAI, NOW DECEASED) ................RESPONDENT
(Application for extension of time for filing Notice for grounds for affirming the decision of the High Court in an intended appeal from the Judgment and decree of the High Court of Kenya at Nairobi (Hon. Justice Bosire) dated 20th October, 1996 in H.C.C.C NO. 1038 OF 1974) ******************** R U L I N G
Mr. Wachira not objecting, this application is hereby granted. Time for filing Notice for grounds for affirming the decision of the High Court in CA No. 107 of 1999 and the Notice of Cross Appeal in the said appeal is hereby extended by five days from today's date. Costs of the application to the respondent in this application. Made at Nairobi this 3rd day of July, 2000
E. OWUOR ...............
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR