[1998] KECA 100 (KLR)
The court exercised its discretion to grant the extension of time as the application was unopposed and the respondent had deliberately disregarded the process of the court by failing to appear, causing inconvenience to the applicant and the court. The court found it just to allow the extension and awarded costs to...
Source-derived case information.
- Citation
- [1998] KECA 100 (KLR)
- Parties
- Applicant: John Akarwa; Respondent: Alfred Inatkimoso
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- ? 268 of 1998
- Procedural Posture
- Civil Application / Application for Extension of Time to Serve Notice of Appeal and File Record of Appeal
- Outcome
- Application granted. Time for lodging the record of appeal extended to 15.1.99. Costs of KES 2,000 awarded to the applicant, payable within 7 days, in default execution to issue.
- Judges
- RO Kwach
- Legal Topics
- Extension of Time, Appeals Process, Service of Notice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Akarwa
Applicant
Alfred Inatkimoso
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to Serve Notice of Appeal and File Record of Appeal
Legal Issues
- 1 Whether the applicant should be granted an extension of time to serve the notice of appeal and file the record of appeal out of time.
Ratio Decidendi
The court exercised its discretion to grant the extension of time as the application was unopposed and the respondent had deliberately disregarded the process of the court by failing to appear, causing inconvenience to the applicant and the court. The court found it just to allow the extension and awarded costs to the applicant.
Court Disposition
Application granted. Time for lodging the record of appeal extended to 15.1.99. Costs of KES 2,000 awarded to the applicant, payable within 7 days, in default execution to issue.
Orders
- Time for lodging the record of appeal is extended to 15.1.99.
- Respondent to pay costs of KES 2,000 to the applicant within 7 days, in default execution to issue.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU CORAM: KWACH, J.A (IN CHAMBERS) CIVIL APPLICATION NO. NAI. 268 OF 1998 (KSM. 38/98) BETWEEN
CIVIL APPLICATION NO. NAI. 268 OF 1998 (KSM. 38/98) BETWEEN JOHN AKARWA...............................................APPLICANT AND ALFRED INATKIMOSO..................................RESPONDENT
(Application for extension of time to serve Notice of Appeal and file Records of Appeal out of time from the ruling and order of the High Court of Kenya at Kakamega (Mr. Justice Tanui) dated 23rd February, 1998, in
H.C.C.C. 258 OF 1992 *************** RULING
This is an application under rule 4 of the Court of Appeal. It is not opposed by Mr. Omukunda for the respondent. The application is accordingly granted and the time for lodging the record of appeal is hereby extended to 15. 1.99. Costs assessed at Shs.2,000/= to be paid by the respondent to the applicant as the former deliberately disregarded the process of the court and failed to appear either in person or by counsel on Tuesday 24. 11. 98 thereby causing unnecessary inconvenience to the applicant's advocate and the court. Payment within 7 days in default execution to issue.
Made at Kisumu this 26th day of November, 1998.
R. O. KWACH
................
JUDGE OF APPEAL
I certify that this isa true copy of the original.
DEPUTY REGISTRAR.