[2001] KECA 240 (KLR)
The court found that the delay of approximately two weeks between the striking out of the previous appeal and the filing of the current application for extension of time was not so long as to require an explanation from the applicant. The respondent, though served, did not appear or oppose the application....
Source-derived case information.
- Citation
- [2001] KECA 240 (KLR)
- Parties
- Applicant: Kavuvu Muruambeti; Respondent: Josiah Korugari
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous Application 385 of ??
- 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 Delay
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kavuvu Muruambeti
Applicant
Josiah Korugari
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 a notice and record of appeal out of time.
- 2 Whether the delay of two weeks between the striking out of the previous appeal and the filing of the current application requires explanation.
Ratio Decidendi
The court found that the delay of approximately two weeks between the striking out of the previous appeal and the filing of the current application for extension of time was not so long as to require an explanation from the applicant. The respondent, though served, did not appear or oppose the application. Exercising its discretion, the court allowed the application, granting the applicant leave to file the notice and record of appeal out of time, subject to specified timelines.
Court Disposition
Application allowed.
Orders
- The applicant shall file his notice of appeal and serve the same on the respondent within seven days of the date hereof.
- The record of appeal must be lodged in court within twenty-one days from the date hereof and served on the respondent as provided by the Rules of the Court.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NYERI CORAM: OMOLO J.A (IN CHAMBER) CIVIL APPLICATION NO. NAI. 385 OF 2000 (NYR. 17/2000) BETWEEN
KAVUVU MURUAMBETI.....................................APPLICANT AND JOSIAH KORUGARI.....................................RESPONDENT(Application for extension of time to file Notice and Record of appeal out of time from a judgment of the High Court of Kenya at Embu (Etyang, J) dated 3rd October, 1997 in H.C.C.C. NO. 4 OF 1994) **************** R U L I N G
The applicant's previous appeal was struck out by the Court on the 26th October, 2000. The present motion seeking extension of time was lodged in court on the 15th November, 2000. I am not prepared to hold, in the circumstances of the application, that the delay of some two weeks between the striking out of the appeal and the lodging of the current application was such a long one as to call for an explanation from the applicant. Counsel for the respondent were served but neither that counsel nor the respondent himself have appeaIrne d tthoe ocpiprocsuem stthaen cmeost,i oIn .allow the motion dated the 15th November, 2000 and make the following orders:-
1. The applicant shall file his notice of appeal and serve
the same on the respondent within seven(7) days of the date hereof.
2. The record of appeal must be lodged in court within twenty one days from the date hereof and served on the respondent in the usual manner provided by the Rules of the Court.
3. The costs of this motion shall be in the inten ded
appeal.
Dated and delivered at Nyeri this 15th day of May, 2001.
R.S.C. OMOLO JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR