[1997] KECA 239 (KLR)
The court exercised its discretion to grant the extension of time for filing the notice of appeal because the respondents did not object to the application and the matter involved railway land, which is of public interest. The absence of opposition and the nature of the subject matter were decisive in allowing the...
Source-derived case information.
- Citation
- [1997] KECA 239 (KLR)
- Parties
- Applicant: Kenya Railways Corporation; Applicant: Midland Emporium Limited; Respondent: Girish Keshaval Patel; Respondent: Babulal Durlabhji Kotak; Respondent: Arvind Chaganlal Patel t/a Trio Developers
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Application 407 of 1996
- Procedural Posture
- Civil Application / Application for Extension of Time to File Notice of Appeal
- Outcome
- Application for extension of time granted.
- Legal Topics
- Extension of Time, Notice of Appeal, Appeals Process, Railway Land
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Kenya Railways Corporation
Applicant
Midland Emporium Limited
Applicant
Girish Keshaval Patel
Respondent
Babulal Durlabhji Kotak
Respondent
Arvind Chaganlal Patel t/a Trio Developers
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to File Notice of Appeal
Legal Issues
- 1 Whether the applicants should be granted an extension of time to file a notice of appeal out of time.
- 2 Whether the lack of objection by the respondents and the involvement of railway land justify granting the application.
Ratio Decidendi
The court exercised its discretion to grant the extension of time for filing the notice of appeal because the respondents did not object to the application and the matter involved railway land, which is of public interest. The absence of opposition and the nature of the subject matter were decisive in allowing the application. The court ordered that the notice of appeal be filed within seven days and the record of appeal within twenty days thereafter. Costs were reserved for the intended appeal.
Court Disposition
Application for extension of time granted.
Orders
- The first applicant shall file its notice of appeal against the order of the superior court dated 21st November, 1996, within the next seven days.
- The record of appeal shall be filed within 20 days after filing of the notice of appeal.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT KISUMU
CORAM: SHAH, J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. NAI 407 OF 1996 (158/96 UR)
BETWEENKENYA RAILWAYS CORPORATIONMIDLAND EMPORIUM LIMITED ................................................... APPLICANTS
AND
GIRISH KESHAVAL PATELBABULAL DURLABHJI KOTAKARVIND CHAGANLAL PATEL T/A TRIO DEVELOPERS ............ RESPONDENTS(Application for extension of time to file notice of appeal out of time in an intended appeal from a ruling and order of the High Court of Kenya at Kisumu (Wambilyangah J) dated 21st November, 1996 in H.C.C.C. NO. 247 OF 1996) ****************R U L I N G
In view of the fact that Mr. Kahi for the respondents is not objecting to this application and in view of the fact that the matter involves Railway Land, I grant this application. The first applicant will file its notice of appeal against the order of the superior court dated 21st November, 1996, within the next seven days. The record of appeal shall be filed within 20 days after filing of the notice of appeal. Costs of this application will be in the intended appeal.
Dated and delivered at Kisumu this 12th day of March, 1997. A. B. SHAH---------------JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR