[2013] KEHC 5064 (KLR)
The court found that the application for extension of time to file the notice of appeal was made without undue delay and that granting the orders sought would not prejudice the respondents. Since the application was unopposed and in the interest of justice, the court exercised its discretion to allow the application...
Source-derived case information.
- Citation
- [2013] KEHC 5064 (KLR)
- Parties
- Plaintiff: Kobil Petroleum Limited; Defendant: Shreeji Transporters (1990) Limited; Defendant: Robric Limited; Defendant: Peter B. Gachau
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 448 of 1999
- Procedural Posture
- Civil Case / Ruling on Application for Extension of Time to File Notice of Appeal
- Outcome
- Application allowed as prayed; no order as to costs.
- Judges
- DO Ogembo
- Legal Topics
- Extension of Time, Notice of Appeal, Unopposed Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kobil Petroleum Limited
Plaintiff
Shreeji Transporters (1990) Limited
Defendant
Robric Limited
Defendant
Peter B. Gachau
Defendant
Procedural Posture
Civil Case / Ruling on Application for Extension of Time to File Notice of Appeal
Legal Issues
- 1 Whether the applicant should be granted an extension of time to file the notice of appeal.
- 2 Whether the notice of appeal filed should be deemed as duly filed and served upon payment of requisite court fees.
- 3 Whether costs should be awarded for the application.
Ratio Decidendi
The court found that the application for extension of time to file the notice of appeal was made without undue delay and that granting the orders sought would not prejudice the respondents. Since the application was unopposed and in the interest of justice, the court exercised its discretion to allow the application as prayed, with no order as to costs.
Court Disposition
Application allowed as prayed; no order as to costs.
Orders
- Time within which to file the Notice of Appeal is extended.
- The annexed and filed Notice of Appeal is deemed as duly filed and served upon payment of requisite court fees.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
High Court at Nairobi (Nairobi Law Courts)
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KOBIL PETROLEUM LIMITED:::::::::::::::::::::::::::::::::::::::::::::::::PLAINTIFF
- VERSUS –
SHREEJI TRANSPORTERS (1990) LIMITED:::::::::::::1ST DEFENDANT
ROBRIC LIMITED:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::2ND DEFENDANT
PETER B. GACHAU::::::::::::::::::::::::::::::::::::::::::::::::::::::::3RD DEFENDANT
R U L I N G
1. This is a Ruling on the NoticeofMotion dated 7th December 2012. It seeks the following orders:-
1. That the time within which to file the Notice of Appeal be extended.
2. That the Notice of Appeal annexed and filed be deemed as having been duly filed and served on payment of the requisite court fees.
3. That the costs of this application be in the cause.
2. The application is premised on the grounds that are set out in the application and on the affidavit of PETER BORO GACHAU dated 7th December 2012.
3. The application is not opposed. The Respondent has left the decision thereon to this court.
4. I have carefully considered the application. I find that it has been filed without undue delay. I also find that there will no prejudice to be suffered by the Respondents if the orders are granted. In the interest of justice I allow the application as prayed with no orders as to costs.
It is so ordered.
DATED, READ AND DELIVERED AT NAIROBI
THIS 11TH DAY OF FEBRUARY 2013
E. K. O. OGOLA
JUDGE
Present:
N/A for Plaintiff
M/s Mreu for 2nd and 3rd Defendants
Teresia – court clerk