[2001] KECA 127 (KLR)
The court exercised its discretion to grant the applicants an extension of time to file the notice of appeal and record of appeal, finding that the circumstances warranted such an order. The judge explicitly stated that issues regarding the viability of the applicants' insurer were not relevant to the determination...
Source-derived case information.
- Citation
- [2001] KECA 127 (KLR)
- Parties
- Applicant: John Martin Ndirangu; Applicant: James Mukurua Mwangi; Respondent: Gitari Cyrus Muraguri
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 264 of 2001
- Procedural Posture
- Civil Application / Application for Extension of Time to File Appeal
- Outcome
- application allowed
- Legal Topics
- Extension of Time, Appeals Process, Late Filing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Martin Ndirangu
Applicant
James Mukurua Mwangi
Applicant
Gitari Cyrus Muraguri
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to File Appeal
Legal Issues
- 1 Whether the applicants should be granted leave to file a notice of appeal and record of appeal out of time.
Ratio Decidendi
The court exercised its discretion to grant the applicants an extension of time to file the notice of appeal and record of appeal, finding that the circumstances warranted such an order. The judge explicitly stated that issues regarding the viability of the applicants' insurer were not relevant to the determination of this application and would be addressed separately by counsel. The primary consideration was whether the applicants had provided sufficient justification for the delay and whether the interests of justice would be served by allowing the intended appeal to proceed. The court concluded affirmatively and allowed the application, granting 15 days for compliance.
Court Disposition
application allowed
Orders
- The record of appeal may be lodged within 15 days from the date of this ruling.
- Costs will be in the intended appeal.
Full Case Text
Judgment text and source record
13 paragraphs
IN COURT OF APPEAL AT NAIROBI CORAM: SHAH, J.A. (IN CHAMBERS) CIVIL APPLICATION NO. NAI. 264 OF 2001
BETWEEN
1. JOHN MARTIN NDIRANGU 2. JAMES MUKURUA MWANGI ...........................APPLICANTS
AND
GITARI CYRUS MURAGURI ...............................RESPONDENT
(An application for leave to file Memorandum of Appeal and Record of Appeal out of time in an intended appeal from a Judgment of the High Court of Kenya at Nairobi (Ang'awa, J) dated 15th October, 1998
in
H.C.C.C. NO. 3323 OF 1994) *****************
R U L I N G
The application before me is for extension of time to lodge a notice of appeal and record of appeal out of time. I am not concerned with what may be the situation in regard to viability of the applicant's inusurer. I will leave that matter for Mr. Mbugua to sort out. The record of appeal may be lodged within 15 days from today. Costs will be in the intended appeal.
Dated and delivered in Nairobi this 7th day of November, 2001.
A.B. SHAH ................. JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR