[2004] KECA 87 (KLR)
Since the application for extension of time was not opposed, the court exercised its discretion and granted the orders as prayed, allowing the applicant to file a fresh notice of appeal within 7 days and the record of appeal within 21 days after service of the notice. Costs were ordered to be in the intended appeal.
Source-derived case information.
- Citation
- [2004] KECA 87 (KLR)
- Parties
- Applicant: Julius Kamau Mbugua; Respondent: Jesse W. Kirogoi
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 136 of 2003
- Procedural Posture
- Civil Application / Application for Extension of Time to Serve Notice and Record of Appeal
- Outcome
- application allowed
- Legal Topics
- Extension of Time, Notice of Appeal, Service of Documents
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julius Kamau Mbugua
Applicant
Jesse W. Kirogoi
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to Serve Notice and Record of Appeal
Legal Issues
- 1 Whether the applicant should be granted extension of time to serve notice and record of appeal out of time.
Ratio Decidendi
Since the application for extension of time was not opposed, the court exercised its discretion and granted the orders as prayed, allowing the applicant to file a fresh notice of appeal within 7 days and the record of appeal within 21 days after service of the notice. Costs were ordered to be in the intended appeal.
Court Disposition
application allowed
Orders
- The applicant is granted leave to lodge a fresh Notice of Appeal within 7 days.
- The record of Appeal shall be lodged within 21 days after service of the Notice of Appeal.
Full Case Text
Judgment text and source record
13 paragraphs
IN THE COURT OF APPEAL AT NAIROBI CORAM: TUNOI, J.A (IN CHAMBERS) CIVIL APPLICATION NO. NAI. 136 OF 2003 BETWEEN
JULIUS KAMAU MBUGUA ………………………......………………..APPLICANT
AND
JESSE W. KIROGOI ………………....………………………………RESPONDENT
(An application for extension of time to serve noticeand record of appeal out of time from the Judgment of the High Court of Kenya at Nairobi (Aganyanya, J) dated 1. 07. 2002 in
H.C.C.A NO. 501 OF 1999) ************************
RULING OF THE COURT
The application is not opposed. I allow it as prayed. The applicant is granted leave to lodge a fresh Notice of Appeal. This he should do within 7 days hereof. The record of Appeal shall be lodged within 21 days after service of the Notice of Appeal. Costs of this motion shall be in the intended appeal.
Dated and delivered at Nairobi this 28th day of April, 2004.
P.K. TUNOI …………..……. JUDGE OF APPEAL
I certify that this is
a true copy of the original.
DEPUTY REGISTRAR