[2001] KECA 130 (KLR)
The court found that the delay in serving the notice of appeal was due to an error in the applicant's advocate's office and that the respondent did not object to the application. The court exercised its discretion in favour of the applicant, holding that this was a proper case for extension of time to file the...
Source-derived case information.
- Citation
- [2001] KECA 130 (KLR)
- Parties
- Applicant: Joseph Maso Kiilu; Respondent: Kingsway Tyres & Auto Mart Limited
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous Application 217 of 2001
- Procedural Posture
- Miscellaneous Application / Application for Extension of Time
- Outcome
- application allowed
- Judges
- EO O'Kubasu
- Legal Topics
- Extension of Time, Notice of Appeal, Memorandum of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Joseph Maso Kiilu
Applicant
Kingsway Tyres & Auto Mart Limited
Respondent
Procedural Posture
Miscellaneous Application / Application for Extension of Time
Legal Issues
- 1 Whether the applicant should be granted an extension of time to file a notice of appeal and memorandum of appeal after serving the notice out of time.
Ratio Decidendi
The court found that the delay in serving the notice of appeal was due to an error in the applicant's advocate's office and that the respondent did not object to the application. The court exercised its discretion in favour of the applicant, holding that this was a proper case for extension of time to file the notice of appeal and memorandum of appeal. The court allowed the application, setting specific timelines for compliance and ordered that costs would abide the outcome of the intended appeal.
Court Disposition
application allowed
Orders
- The notice of appeal is to be filed within seven (7) days from the date of this ruling.
- A memorandum of appeal is to be filed within 21 days from the date the notice of appeal is filed.
Full Case Text
Judgment text and source record
14 paragraphs
IN THE COURT OF APPEAL
AT NAIBOBI
CIVIL MISCELLANEOUS APPLICATION NO. 217 OF 2001
JOSEPH MASO KIILU ......................................................... APPLICANT
AND
KINGSWAY TYRES & AUTO MART LIMITED .............. RESPONDENT
R U L I N G
This is an application for extension of time in which to file Notice of Appeal and Memorandum of Appeal. The application is necessitated by the fact that the notice of appeal having been served on respondent's counsel four days out of time then the entire appeal had to be struck out. This means the applicant has to start the process a fresh. Mr. Kitonga attributes the error to his office while Mr. Akide for respondent has, in my view very properly, stated that he had no obIjne ctviioenw toof tthhies faoprpelgiociantgi,o nI. am satisfied that this is a proper case in which I should exercise my discretion in favour of the applicant. Hence the application is allowed and the notice of appeal is to be filed within seven (7) days from the date of this ruling and a memorandum of appeal to be filed within 21 days from the date the notice of appeal is filed. Costs of this application shall abide the outcome of the intended appeal.
Dated at Nairobi this 3rd day of December, 2001
E. O. O'KUBASU
..................................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR