[2000] KECA 340 (KLR)
The court granted the application for extension of time because it was unopposed by the respondent. The judge exercised discretion to allow the applicant to regularize the appeal process, ensuring that the notice of appeal and record of appeal already served and filed would be deemed properly filed within the...
Source-derived case information.
- Citation
- [2000] KECA 340 (KLR)
- Parties
- Applicant: Jackson Mwangi Munyasi; Respondent: John Lundi Kahi
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal (Application) 273 of 1997
- Procedural Posture
- Civil Appeal / Application for Extension of Time to File and Serve Notice of Appeal and Record of Appeal Out of Time
- Outcome
- Application for extension of time granted. Costs to the respondent.
- Legal Topics
- Extension of Time, Appeals Process, Service of Documents
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Jackson Mwangi Munyasi
Applicant
John Lundi Kahi
Respondent
Procedural Posture
Civil Appeal / Application for Extension of Time to File and Serve Notice of Appeal and Record of Appeal Out of Time
Legal Issues
- 1 Whether the applicant should be granted an extension of time to file and serve the notice of appeal and record of appeal out of time.
Ratio Decidendi
The court granted the application for extension of time because it was unopposed by the respondent. The judge exercised discretion to allow the applicant to regularize the appeal process, ensuring that the notice of appeal and record of appeal already served and filed would be deemed properly filed within the extended period. The order was made in the interests of justice and procedural fairness, with costs awarded to the respondent.
Court Disposition
Application for extension of time granted. Costs to the respondent.
Orders
- Time for serving the Notice of Appeal and for filing and serving the record of appeal is extended to include the respective dates when the Notice of Appeal was served and the record of appeal was filed and served.
- Costs of the application awarded to the respondent.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU (CORAM: BOSIRE, J.A (IN CHAMBERS) CIVIL APPEAL (APPLICATION) NO. 273 OF 1997
BETWEEN
JACKSON MWANGI MUNYASI ................................APPLICANT
AND
JOHN LUNDI KAHI ...............................................RESPONDENT
(Application for extension of time to file and serve
Notice of appeal and record of appeal out of time in
an intended appeal from the ruling and order of the
High Court of Kenya at Kakamega (Mr. Justice Tanui)
dated 11th April, 1997
in
H.C.C.A NO. 63 OF 1995)
****************
R U L I N G
As Mr. F.O Wanga, for the respondent does not oppose the application dated 19th October, 1996, and filed in court on 9th February, 1998, I extend the time for serving the Notice of Appeal, and for filing and serving the record of appeal, for such period as to include the respective dates when the Notice of appeal was served and the record of appeal was filed in court and served upon the respondent or his counsel. The costs of the application to the respondent.
Dated and delivered at Kisumu this 23rd day of June,2000.
S.E.O BOSIRE...............JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR