[2001] KECA 77 (KLR)
The court found that the applicant had fully explained the circumstances leading to the late filing of the notice of appeal and that the respondent did not oppose the application. Exercising its discretion under the relevant rules, the court allowed the motion and extended the time for lodging the notice of appeal...
Source-derived case information.
- Citation
- [2001] KECA 77 (KLR)
- Parties
- Applicant: Helen Makone; Respondent: Standard Chartered Bank Limited
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 205 of 2000
- Procedural Posture
- Civil Application / Application for Extension of Time to File Notice of Appeal
- Outcome
- Application allowed; time for lodging notice of appeal extended.
- Legal Topics
- Extension of Time, Notice of Appeal, Appellate Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Helen Makone
Applicant
Standard Chartered Bank Limited
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to File Notice of Appeal
Legal Issues
- 1 Whether the applicant has provided sufficient explanation for the late filing of the notice of appeal.
- 2 Whether the court should exercise its discretion to extend time for lodging the notice of appeal.
Ratio Decidendi
The court found that the applicant had fully explained the circumstances leading to the late filing of the notice of appeal and that the respondent did not oppose the application. Exercising its discretion under the relevant rules, the court allowed the motion and extended the time for lodging the notice of appeal to the date it was actually filed, thereby deeming the notice validly lodged.
Court Disposition
Application allowed; time for lodging notice of appeal extended.
Orders
- Time for lodging the notice of appeal is extended to 18th August, 2000.
- The notice of appeal lodged on 18th August, 2000 is deemed validly lodged.
Full Case Text
Judgment text and source record
14 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: OMOLO, J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. NAI. 205 OF 2000 (UR.93/2000)
BETWEEN
HELEN MAKONE ................................................................ APPLICANT
AND
STANDARD CHARTERED BANK LIMITED ....................RESPONDENT
R U L I N G
The circumstances leading to the late filing of the notice of appeal have been fully explained and the respondent does not oppose them. I, therefore, allow the present motion dated the 25th July, 2000 and lodged in Court on 26th July, 2000 and extend the time for lodging the notice of appeal to the 18th August, 2000 when the notice of appeal was actually lodged. The result of that is that the said notice of appeal is deemed to be treated as having been validly lodged. The costs of this motion shall be in the intended appeal.
Dated and delivered at Nairobi this 22nd day of March, 2001.
R. S. C. OMOLO ............................. JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR.