[2001] KECA 208 (KLR)
The court, after hearing the advocates and considering all circumstances, found that the applicant had demonstrated a fit and proper case for the exercise of judicial discretion. The extension of time was granted as the interests of justice required it, and there was no compelling reason to deny the application. The...
Source-derived case information.
- Citation
- [2001] KECA 208 (KLR)
- Parties
- Applicant: Joseph Kinoru Kahonge; Respondent: Barclays Bank of Kenya Limited; Respondent: Batian Dairy Products Limited
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 85 of 2001
- Procedural Posture
- Civil Application / Application for Extension of Time in Intended Appeal
- Outcome
- Application allowed. Extension of time granted.
- Legal Topics
- Extension of Time, Appeals Process, Discretionary Powers
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Kinoru Kahonge
Applicant
Barclays Bank of Kenya Limited
Respondent
Batian Dairy Products Limited
Respondent
Procedural Posture
Civil Application / Application for Extension of Time in Intended Appeal
Legal Issues
- 1 Whether the applicant has demonstrated sufficient cause for extension of time to comply with a court order.
- 2 Whether the court should exercise its discretion to grant the extension sought.
Ratio Decidendi
The court, after hearing the advocates and considering all circumstances, found that the applicant had demonstrated a fit and proper case for the exercise of judicial discretion. The extension of time was granted as the interests of justice required it, and there was no compelling reason to deny the application. The court emphasized the importance of considering all relevant circumstances and the need to balance the interests of both parties when exercising discretion in procedural matters.
Court Disposition
Application allowed. Extension of time granted.
Orders
- Time to comply with the order of 16th February, 2000 is extended up to and including 27th July, 2001.
- Costs of the application and appearance awarded to the Respondent in any event.
Full Case Text
Judgment text and source record
22 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: LAKHA, J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. NAI. 85 OF 2001 (51/2001 UR)
BETWEEN
JOSEPH KINORU KAHONGE ....................................................APPLICANT
AND
BARCLAYS BANK OF KENYA LIMITED ..................... 1ST RESPONDENT
BATIAN DAIRY PRODUCTS LIMITED ....................... 2ND RESPONDENT
(Application for extension of time to comply with an order in
an intended appeal from the Ruling and Order of the High
Court of Kenya at Nairobi (Commissioner of Assize,
Ransley) dated 18th January, 2001
in
H.C.C.C. NO. 3 OF 2001)
************
R U L I N G
Having heard the advocates of the parties and having carefully considered all the circumstances of the case, I consider this a fit and proper case for the exercise of my discretion to grant the extension sought. Accordingly, I allow the application and the time to comply with the order of 16th February, 2000 is extended upto and including the27th of July, 2001. Costs of today's application and appearance to the Respondent in any event.
Dated and delivered at Nairobi this 27th day of June, 2001.
A.A. LAKHA ............... JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR