[2000] KECA 388 (KLR)
The court found that the applicant's delay of 19 days in filing the application for extension of time was not inordinate, especially considering the need to obtain a certificate of loss for missing exhibits. The court exercised its discretion under rule 4 of the Court of Appeal Rules and granted the extension,...
Source-derived case information.
- Citation
- [2000] KECA 388 (KLR)
- Parties
- Applicant: H.Z. & Company Limited; Respondent: Samuel M. Njaria
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Application 150 of ??
- Procedural Posture
- Civil Application / Application for Extension of Time to File Notice and Record of Appeal
- Outcome
- Application granted. Time for filing Notice of Appeal and Record of Appeal extended.
- Judges
- RO Kwach
- 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
H.Z. & Company Limited
Applicant
Samuel M. Njaria
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to File Notice and Record of Appeal
Legal Issues
- 1 Whether the applicant has provided sufficient reason for the delay in filing the Notice of Appeal and Record of Appeal.
- 2 Whether a delay of 19 days in filing the application for extension of time is inordinate.
Ratio Decidendi
The court found that the applicant's delay of 19 days in filing the application for extension of time was not inordinate, especially considering the need to obtain a certificate of loss for missing exhibits. The court exercised its discretion under rule 4 of the Court of Appeal Rules and granted the extension, holding that the circumstances justified the delay and that justice would be served by allowing the appeal to proceed.
Court Disposition
Application granted. Time for filing Notice of Appeal and Record of Appeal extended.
Orders
- Time for filing Notice of Appeal extended by 7 days from the date of this ruling.
- Time for filing Record of Appeal extended by 14 days from the date of filing the Notice of Appeal.
Full Case Text
Judgment text and source record
6 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU CORAM: KWACH, J.A (IN CHAMBERS) CIVIL APPLICATION NO. NAI. 150 OF 2000 BETWEEN H.Z. & COMPANY LIMITED ............................... APPLICANT AND SAMUEL M. NJARIA ....................................... RESPONDENT
R U L I N G
This is an application under rule 4 of the Court of Appeal Rules for extension of time to file a Notice of Appeal and Record of Appeal. The decision against which H.Z. & Company Ltd. the applicant wishes to appeal was given by Wambilyangah, J on 16. 6.98. The applicant filed an appeal against that decision (CA No. 239 of 1998) but this was struck out as incompetent on 22. 3.2000 as the Record of Appeal did not contain some of the exhibits tendered in evidence at the trial. Since these exhibits were said to have been lost, the applicant was obliged to obtain a certificate of loss signed by the Deputy Registrar of the superior court before it could mount a competent appeal. This certificate was issued on 7th April, 2000 though Mr. Kasamani does not say in his affidavit when he received it. Mr. Kowino, for the respondent, opposes this application on the ground that Mr. Kasamani has not explained the delay between the date the certificate of loss was issued and 26. 4.2000 when the Notice of Motion was filed. In the circumstances of this case, I do not regard a delay of 19 days as inordinate. I accordingly grant the application and extend the time for filing a Notice of Appeal by 7 days from today and for filing the Record of Appeal by 14 days from the date of filing the Notice of Appeal. The respondent will have the costs of this application assessed at Shs 10,000/= to be paid within 7 days and in default execution to issue.
Dated and delivered at Kisumu this 12th day of June, 2000.
R. O. KWACH
JUDGE OF APPEAL