[2000] KECA 410 (KLR)
The court found that the applicants brought their application for extension of time without delay, immediately after their previous appeals were struck out as incompetent. No grounds were presented by the respondents to oppose the exercise of the court's discretion in favour of the applicants. Consequently, the...
Source-derived case information.
- Citation
- [2000] KECA 410 (KLR)
- Parties
- Applicant: Jayant Kumar Vrajlal Shah; Applicant: Mrs. Shiksha Devidas; Respondent: Midco Holdings (E.A) Limited; Respondent: Summit Textiles Limited
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 289 of 1999
- Procedural Posture
- Civil Application / Application for Extension of Time to File Notice and Record of Appeal
- Outcome
- Application allowed. Extension of time granted for filing Notice of Appeal and Record of Appeal. Costs awarded to respondents.
- 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
Jayant Kumar Vrajlal Shah
Applicant
Mrs. Shiksha Devidas
Applicant
Midco Holdings (E.A) Limited
Respondent
Summit Textiles Limited
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to File Notice and Record of Appeal
Legal Issues
- 1 Whether the applicants are entitled to an extension of time to file a Notice of Appeal and Record of Appeal under rule 4 of the Court of Appeal Rules.
Ratio Decidendi
The court found that the applicants brought their application for extension of time without delay, immediately after their previous appeals were struck out as incompetent. No grounds were presented by the respondents to oppose the exercise of the court's discretion in favour of the applicants. Consequently, the court exercised its discretion to grant the extension of time for filing the Notice of Appeal and the Record of Appeal, as the requirements under rule 4 of the Court of Appeal Rules were satisfied.
Court Disposition
Application allowed. Extension of time granted for filing Notice of Appeal and Record of Appeal. Costs awarded to respondents.
Orders
- Time for filing Notice of Appeal extended by 14 days from the date of the ruling.
- Time for lodging Record of Appeal extended by 15 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 NAIROBI CORAM: KWACH, J.A. (IN CHAMBERS) CIVIL APPLICATION NO. NAI. 289 OF 1999 BETWEEN
JAYANT KUMAR VRAJLAL SHAH MRS. SHIKSHA DEVIDAS ...............................APPLICANTS AND MIDCO HOLDINGS (E.A) LIMITED SUMMIT TEXTILES LIMITED ...........................RESPONDENTS(An Application for extension of time to file Notice and Record of Appeal from a Ruling and Order of the High Court at Nairobi (Hon. Justice Mulwa) dated 2nd February, 1999 in H.C.W.C. NO. 51 & 52 OF1998) ***************** 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 a Record of Appeal . The decision against which the applicants wish to appeal was given by Kasanga Mulwa J on 2nd February, 1999. Appeals filed by applicants in this Court to contest that decision were struck out on 4th October, 1999 as incompetent. This application was filed promptly on 14th October, 1999.
In my view the applicants are entitled to the orders they seek as the application was brought without delay and no ground has been urged to disentitle them to my discretion. Accordingly, I allow the application and extend the time for filing a Notice of Appeal by 14 days from today, and for lodging the Record of Appeal by 15 days from the date of filing the Notice of Appeal. Costs assessed at Shs 10,000/ - to the respondents.
Dated and delivered at Nairobi this 19th day of January, 2000. R. O. KWACH --------------------------------- JUDGE OF APPEAL I certify that this is a true copy of the original. DEPUTY REGISTRAR