[2001] KECA 326 (KLR)
The court exercised its discretion to grant the extension of time because the previous appeal was struck out solely due to a procedural omission (failure to include the notice of appeal), the current application was made promptly, and there was no opposition from the respondent. The interests of justice favored...
Source-derived case information.
- Citation
- [2001] KECA 326 (KLR)
- Parties
- Applicant: Joyce Atemo; Respondent: Mary Ipali Imujaro
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 196 of 2001
- Procedural Posture
- Civil Application / Application for Extension of Time to File Notice and Record of Appeal
- Outcome
- application allowed
- Legal Topics
- Extension of Time, Appeals Process, Procedural Non Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joyce Atemo
Applicant
Mary Ipali Imujaro
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to File Notice and Record of Appeal
Legal Issues
- 1 Whether the applicant should be granted an extension of time to file the notice and record of appeal out of time.
- 2 Whether the previous appeal's omission of the notice of appeal justifies granting the present application.
Ratio Decidendi
The court exercised its discretion to grant the extension of time because the previous appeal was struck out solely due to a procedural omission (failure to include the notice of appeal), the current application was made promptly, and there was no opposition from the respondent. The interests of justice favored allowing the applicant to rectify the procedural defect and pursue the intended appeal, subject to strict compliance with the new timelines set by the court.
Court Disposition
application allowed
Orders
- The notice of appeal must be lodged and served on the respondent within seven (7) days of the date hereof.
- The record of appeal must be lodged within fourteen (14) days from the date the notice of appeal is lodged.
Full Case Text
Judgment text and source record
24 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
CORAM: OMOLO, J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. NAI 196 OF 2001
BETWEEN
JOYCE ATEMO ................................................... APPLICANT
AND
MARY IPALI IMUJARO .................................. RESPONDENT
(Bein an application for extension of time to file notice
& record of appeal out of time from the ruling of
the High Court of Kenya at Nairobi (Ang'awa J) dated
14th October, 1999
in
H.C.S.C. NO 11 OF 1999)
*************** R U L I N G
The applicant's previous appeal which was lodged within time was struck out on 04/06/01 because it did not contain the notice of appeal. The current motion was lodged on 19th June, 2001, and it is not opposed. In the circumstances, I allow the motion dated the 11th June, 2001 and make the following orders:
1. The notice of appeal must be lodged and served on the respondent within seven (7) days of the date hereof.
2. The record of appeal must be lodged within fourteen (14) days from the date the notice of appeal is lodged.
3. The costs of this motion shall be in the intended appeal.
If orders numbers (1) and (2) are not complied with within the stated times, the motion shall then stand dismissed with costs to the respondent.
Dated and delivered at Nairobi this 8th day of October, 2001.
R. S. C. OMOLO ----------------------- JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR