[2007] KECA 374 (KLR)
The court exercised its discretion to grant the extension of time for serving the record of appeal because the application was unopposed and there was no reason presented to disallow it. The absence of objection and the lack of demonstrated prejudice to the respondent justified the grant of the order sought.
Source-derived case information.
- Citation
- [2007] KECA 374 (KLR)
- Parties
- Applicant: Joseph Barasa Boiyo; Respondent: Sofia Nafula Joram
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Application 328 of 2006
- Procedural Posture
- Extension of Time Application / Ruling on Application for Extension of Time to Serve Record of Appeal
- Outcome
- Application allowed. Extension of time granted.
- Legal Topics
- Extension of Time, Service of Record of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Barasa Boiyo
Applicant
Sofia Nafula Joram
Respondent
Procedural Posture
Extension of Time Application / Ruling on Application for Extension of Time to Serve Record of Appeal
Legal Issues
- 1 Whether the applicant should be granted an extension of time to serve the record of appeal out of time.
Ratio Decidendi
The court exercised its discretion to grant the extension of time for serving the record of appeal because the application was unopposed and there was no reason presented to disallow it. The absence of objection and the lack of demonstrated prejudice to the respondent justified the grant of the order sought.
Court Disposition
Application allowed. Extension of time granted.
Orders
- The applicant shall serve his record of appeal upon the respondent within seven days of the date of this ruling.
- The costs of the motion shall be in the appeal.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL OF KENYA
AT KISUMU
Civil Appli 328 of 2006
JOSEPH BARASA BOIYO …………………………………. APPLICANT
AND
SOFIA NAFULA JORAM ……………..…………………..RESPONDENT
(Application for extension of time to serve records of appeal out of timefrom the judgment and decree of the High Court of KenyaJustice B.K.Tanui) dated 18th April, 1994inH.C.C.C. NO. 184 OF 1985)
****************
R U L I N G
The notice of motion herein is not objected to. I see no reason to disallow it. I order that the applicant shall serve his record of appeal upon the respondent within seven days of today’s date. The costs of the motion shall be in the appeal.
Dated and delivered at Kisumu this 22nd day of March, 2007.
R.S.C. OMOLO
………………………..
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR