[2002] KECA 51 (KLR)
The court exercised its discretion to grant the extension of time for lodging the Notice of Appeal and Record of Appeal, noting that the application was unopposed by the respondent and no prejudice would be occasioned. The court found no reason to deny the applicant the opportunity to pursue the intended appeal,...
Source-derived case information.
- Citation
- [2002] KECA 51 (KLR)
- Parties
- Applicant: Kenya Investments Limited; Respondent: Thrift Homes Limited
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 362 of 2001
- Procedural Posture
- Civil Application / Application for Extension of Time to File Notice and Record of Appeal
- Outcome
- Application for extension of time granted.
- Legal Topics
- Extension of Time, Appeals Process, Notice of Appeal, Record of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Investments Limited
Applicant
Thrift Homes Limited
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 and serve the Notice of Appeal and Record of Appeal out of time.
Ratio Decidendi
The court exercised its discretion to grant the extension of time for lodging the Notice of Appeal and Record of Appeal, noting that the application was unopposed by the respondent and no prejudice would be occasioned. The court found no reason to deny the applicant the opportunity to pursue the intended appeal, especially as the respondent consented to the orders sought. The court also awarded agreed costs to the respondent.
Court Disposition
Application for extension of time granted.
Orders
- Time for lodging the Notice of Appeal is extended by 7 days from the date hereof.
- 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
22 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
CORAM: GICHERU, J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. NAI. 362 OF 2001
BETWEEN
KENYA INVESTMENTS LIMITED ..............................APPLICANT
AND
THRIFT HOMES LIMITED ....................................RESPONDENT
(An application for extension of time to file and
serve the Notice of Appeal and Record of Appeal,
respectively, out of time in an intended Appeal from
a Ruling of the High Court of Kenya at Nairobi (Hon.
Mr. Justice Githinji) dated 16th May, 2000
in
H.C.C.C. NO. 1512 OF 1998)
***********
O R D E R
Counsel for the respondent not opposing this application the same is granted so that the time for lodging the Notice of Appeal is extended by 7 days from the date hereof and the time for lodging the record of appeal is extended by 15 days from the date of lodging the Notice of Appeal. The costs occasioned by this application agreed at Kshs.10,000/= are awarded to the respondent.
Dated at Nairobi this 30th day of July, 2002.
J. E. GICHERU .................... JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR