[2006] KECA 318 (KLR)
The court exercised its discretion to grant the extension of time sought by the applicant, noting that none of the respondents opposed the application and that the third respondent, though served, did not appear to contest the motion. In the absence of opposition and any demonstrated prejudice, the interests of...
Source-derived case information.
- Citation
- [2006] KECA 318 (KLR)
- Parties
- Applicant: Julia Wacheke Mungai; Respondent: Betty Ngendo Gachie; Respondent: Amosam Builders & Development Ltd; Respondent: Nakuru Municipal Council
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- ? 332 of 2005
- Procedural Posture
- Extension of Time Application / Ruling on Application for Extension of Time to File Notice and Record of Appeal
- Outcome
- application allowed
- Legal Topics
- Extension of Time, Appeals Process, Service of Documents
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julia Wacheke Mungai
Applicant
Betty Ngendo Gachie
Respondent
Amosam Builders & Development Ltd
Respondent
Nakuru Municipal Council
Respondent
Procedural Posture
Extension of Time Application / Ruling on 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 lodge and serve a notice and record of appeal out of time.
Ratio Decidendi
The court exercised its discretion to grant the extension of time sought by the applicant, noting that none of the respondents opposed the application and that the third respondent, though served, did not appear to contest the motion. In the absence of opposition and any demonstrated prejudice, the interests of justice favored allowing the applicant to proceed with the intended appeal. The court therefore allowed the application and set specific timelines for the filing and service of the notice and record of appeal.
Court Disposition
application allowed
Orders
- The applicant shall lodge and serve her notice of appeal within seven days of the date hereof.
- The applicant shall lodge her record of appeal within fourteen days from the date the notice of appeal is lodged in Court.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL OF KENYA PEAL AT NAKURU
Civil Appli Nai 332 of 2005 (NAK. 16/2005)
BETWEEN
JULIA WACHEKE MUNGAI………………………………………...APPLICANT
AND
1. BETTY NGENDO GACHIE……………………..……..….1ST RESPONDENT
2. AMOSAM BUILDERS & DEVELOPMENT LTD…...…2ND RESPONDENT
3. NAKURU MUNICIPAL COUNCIL……………..…..…...3RD RESPONDENT
(An application for extension of time to lodge and serve a Notice and Record of Appeal out of time from the Judgment & decree of the High Court of Kenya at Nakuru (Mr Justice Rimita ) dated 26th January, 2001inHCCC NO. 104 OF 1992)
***********************
R U L I N G
Neither the 1st nor the 2nd respondents whose respective advocates are present opposes the applicant’s notice of motion for enlargement of time. The third respondent was also served with notice for today’s hearing but is not present to oppose the motion. In the circumstances, I allow the applicant’s notice of motion dated 14th November, 2005 and make the following orders:-
The applicant shall lodge and serve her notice of appeal within seven days of the date hereof.
The applicant shall lodge her record of appeal within fourteen days from the date the notice of appeal is lodged in Court. The record of appeal must thereafter be served on the respondents within seven days from the date of its lodgment in Court.
The costs of the present motion shall be in the intended appeal.
Dated and delivered at Nakuru this 1st day of March, 2006.
R.S.C. OMOLO
…………………
JUDGE OF APPEAL
I certify that this is a
true copy of the original
DEPUTY REGISTRAR