[2000] KECA 314 (KLR)
The court exercised its discretion to grant the extension of time for lodging the notice and record of appeal because the application was made promptly after the original appeal was struck out, and there was no opposition from the respondent. The absence of delay and lack of contestation justified the grant of the...
Source-derived case information.
- Citation
- [2000] KECA 314 (KLR)
- Parties
- Applicant: Kalang Enterprises; Respondent: Dr. Njuguna Ndungu
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 353 of 1999
- 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, Court of Appeal Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kalang Enterprises
Applicant
Dr. Njuguna Ndungu
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 leave to file a fresh notice of appeal and record of appeal out of time.
- 2 Whether the absence of opposition from the respondent affects the exercise of the court's discretion.
Ratio Decidendi
The court exercised its discretion to grant the extension of time for lodging the notice and record of appeal because the application was made promptly after the original appeal was struck out, and there was no opposition from the respondent. The absence of delay and lack of contestation justified the grant of the orders sought.
Court Disposition
Application allowed.
Orders
- Time for lodging the Notice of Appeal is extended by 7 days from today's date.
- Time for lodging the record of appeal is extended by 15 days from the date of lodging the Notice of Appeal.
Full Case Text
Judgment text and source record
2 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (Coram: Gicheru, J.A. (IN CHAMBERS) CIVIL APPLICATION NO. NAI. 353 OF 1999 BETWEEN KALANG ENTERPRISES.......................................APPLICANT AND DR. NJUGUNA NDUNGU......................................RESPONDENT (Being an application for leave to file a fresh notice of appeal and record of appeal out of time in an intended appeal by the applicant Kalang Enterprises from the ruling of the High Court of Kenya at Nairobi (Hayanga, J.) date d 20th February, 1998 in H.C.C.C. NO. 800 OF 1996) ************************** RULING:Today's hearing date of the applicant's application was taken by consent of parties on 15th March, 2000. There has been no appearance for the respondent nor has, the latter filed a replying affidavit in opposition to the applicant's appliTchaet ioanp.plicant's application was prompted by the striking out of its original appeal to this Court on 7th December, 1999. On 16th December, 1999 this application was made seeking the extension of time to lodge the Notice and record of appeal. The same was made without delay. In the circumstances and as the same is not opposed as is indicated above, I in the exercise of my discretion under rule 4 of the Court of Appeal Rules grant the applicant's application so that the time for lodging the Notice of Appeal is extended by 7 days from today's date and the time for lodging the record of appeal is extended by 15 days from the date of lodging the Notice of Appeal. I make no order as to the costs occasioned by this application. Dated and delivered at Nairobi this 29th May, 2000. J.E. GICHERU .............. JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR