[1998] KECA 221 (KLR)
The court found that, based on the material presented and the absence of opposition from the respondent, this was a fit and proper case for the exercise of its discretion to extend time. The judge was satisfied that it was just, in all the circumstances, to grant the extension sought. Accordingly, the application...
Source-derived case information.
- Citation
- [1998] KECA 221 (KLR)
- Parties
- Applicant: Kenya Commercial Bank Limited; Respondent: Naphtally J.B. Hawala
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 303 of 1998
- Procedural Posture
- Extension of Time Application / Single Judge Chamber Application
- Outcome
- application granted
- Legal Topics
- Extension of Time, Notice of Appeal, Appellate Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Commercial Bank Limited
Applicant
Naphtally J.B. Hawala
Respondent
Procedural Posture
Extension of Time Application / Single Judge Chamber Application
Legal Issues
- 1 Whether the applicant has demonstrated sufficient cause for the extension of time to file a Notice of Appeal.
- 2 Whether the court should exercise its discretion to grant the extension sought.
Ratio Decidendi
The court found that, based on the material presented and the absence of opposition from the respondent, this was a fit and proper case for the exercise of its discretion to extend time. The judge was satisfied that it was just, in all the circumstances, to grant the extension sought. Accordingly, the application was allowed, and directions were given for the filing of the Notice of Appeal and the record of appeal within specified timeframes. Costs were ordered to abide the outcome of the intended appeal.
Court Disposition
application granted
Orders
- The application for extension of time is granted as prayed.
- Notice of Appeal to be filed within 7 days from the date hereof.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: LAKHA, J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. NAI. 303 OF 1998 (116/98UR)
BETWEEN
KENYA COMMERCIAL BANK LIMITED .......................... APPLICANT
AND
NAPHTALLY J.B. HAWALA .................................. RESPONDENT
(Application for extension of time for lodgment of a Notice of Appeal following the ruling and order of the High Court of Kenya at Kisumu (Justice I.C.C. Wambilyangah) made on the 13th day of August, 1997 in H.C.C.C. NO. 453 OF 1994) ***************
R U L I N G
Upon reading the Notice of Motion dated 2nd December, 1998 and the supporting affidavit and upon hearing Mr. Okero for the applicant, I am satisfied that this is a fit and proper case and, in all the circumstances of the case just, to exercise the Court's discretion to grant an extension as sought. In the result, the application is granted as prayed. Notice of Appeal shall be filed within 7 days from the date hereof and the record within 15 days thereafter. Costs shall abide the intended appeal.
Dated and delivered at Nairobi this 15th day of December, 1998.
A.A. LAKHA
..................
JUDGE OF APPEAL
It is now 9:35 a.m. Mr. Ogutu for the Respondent's advocates. Ogutu: I do not oppose the application. Ask for costs. Order: Order already made and signed stands.
Dated and delivered at Nairobi this 15th day of December, 1998.
A.A. LAKHA
..............
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR