[1998] KECA 229 (KLR)
The court found, based on the annexures to the applicants' supporting affidavit, that the applicants still had 17 days remaining within which to lodge their appeal. Therefore, there was no expired period to extend, and the application for extension of time was unnecessary. The applicants were directed to file their...
Source-derived case information.
- Citation
- [1998] KECA 229 (KLR)
- Parties
- Applicant: Gicheru Kahiu; Applicant: Julius Gachii Kahiu; Applicant: James Gicheru; Respondent: Muniu Kahiu
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 292 of 1997
- Procedural Posture
- Civil Application / Application for Extension of Time to File Appeal
- Outcome
- Application for extension of time dismissed as unnecessary.
- Judges
- JE Gicheru
- Legal Topics
- Extension of Time, Appeals Process, Time Limits
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gicheru Kahiu
Applicant
Julius Gachii Kahiu
Applicant
James Gicheru
Applicant
Muniu Kahiu
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to File Appeal
Legal Issues
- 1 Whether the applicants are out of time to file an appeal and thus require an extension of time.
- 2 Whether the court should grant an extension of time to file the intended appeal.
Ratio Decidendi
The court found, based on the annexures to the applicants' supporting affidavit, that the applicants still had 17 days remaining within which to lodge their appeal. Therefore, there was no expired period to extend, and the application for extension of time was unnecessary. The applicants were directed to file their intended appeal within the remaining statutory period.
Court Disposition
Application for extension of time dismissed as unnecessary.
Orders
- Applicants to lodge their intended appeal within the remaining 17 days.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
(Coram: Gicheru, J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. NAI. 292 OF 1997
BETWEEN
1. GICHERU KAHIU
2. JULIUS GACHII KAHIU
3. JAMES GICHERU........................................APPLICANTS
AND
MUNIU KAHIU............................................RESPONDENT
(Application for extension of time to file an appeal out of time in an intended appeal from a judgment and decree of the High Court of Kenya at Nairobi (Aganyanya, J.) dated 24/5/96 in
H.C.C.C. NO. 867 OF 1989)
**********************
RULING:
From the annexures to the applicants' supporting affidavit to this application, it would appear to me that the applicants have still 17 days within which to lodge their appeal to this Court. In the result, there is no time to extend in this regard and they should therefore lodge their intended appeal within the remaining 17 days. It is so ordered.
Dated and delivered at Nairobi this 11th day of February, 1998.
J.E. GICHERU
................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR