[1996] KECA 46 (KLR)
The court exercised its discretion to grant the extension of time because the applicant's counsel candidly admitted fault for the procedural omission and acted promptly to remedy the error by filing the application for extension. The court found these factors sufficient to justify the extension, emphasizing the...
Source-derived case information.
- Citation
- [1996] KECA 46 (KLR)
- Parties
- Applicant: Lesiolo Limited; Respondent: Samuel Nganga
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 57 of 1996
- Procedural Posture
- Civil Application / Application for Extension of Time to File Notice of Appeal and Appeal
- Outcome
- application allowed
- Judges
- RO Kwach
- Legal Topics
- Extension of Time, Appeals Process, Procedural Default
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lesiolo Limited
Applicant
Samuel Nganga
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to File Notice of Appeal and Appeal
Legal Issues
- 1 Whether the applicant should be granted an extension of time to file a notice of appeal and an appeal after the previous appeal was struck out for procedural non-compliance.
Ratio Decidendi
The court exercised its discretion to grant the extension of time because the applicant's counsel candidly admitted fault for the procedural omission and acted promptly to remedy the error by filing the application for extension. The court found these factors sufficient to justify the extension, emphasizing the importance of candour and expedition in seeking to rectify procedural defaults. The absence of opposition and the lack of prejudice to the respondent further supported the decision to allow the application. The court thus extended the time for lodging the notice of appeal and the appeal itself, with costs to be in the appeal.
Court Disposition
application allowed
Orders
- Time for lodging a notice of appeal extended to 30th April, 1996.
- Time for filing the appeal extended to 10 days from the date of filing the notice of appeal.
Full Case Text
Judgment text and source record
22 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
CORAM: KWACH, J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. NAI.57 OF 1996 (19/96 UR)
BETWEEN
LESIOLO LIMITED..................APPLICANT
AND
SAMUEL NGANGA...................RESPONDENT
(Application for extension of time in an intended appeal from the ruling of the High Court of Kenya at Nairobi (Justice Tank) dated 9th January, 1991
in
H.C.C.C. NO. 3840 OF 1987)
***************
RULING
This is an application under rule 4 of the Court of. Appeal Rule.=, for extension of time to file a notice of appeal and an appeal, The decision against which Lesiolo Ltd (the applicant) wishes to appeal was given on 9th January, 1991. The applicant filed an appeal against that decision (Civil Appeal No.113/91), That appeal was struck out by the Court on 7th February, 1996, as the record of appeal did not contain a certified copy of the order appealed against as required by rule 85(1)(h) of the Court of Appeal Rules. The applicant's Advocate promptly filed this application on 13th February, 1996.
In his supporting affidavit Mr. Gross, learned counsel for the applicant, freely, and quite properly, admits that the exclusion of a certified copy of the order from the record of appeal was entirely his own fault. I think he should be rewarded for his candour and the expedition with which he has brought application.
In exercise of my discretion therefore, I allow this application and extend the time for lodging a notice of appeal to Tuesday 30th April, 1996, and for filing the appeal by 10 days from the date of filing the notice of appeal. Costs to be in the appeal.
Dated and delivered at Nairobi this 22nd day of April, 1996.
R.O. KWACH
.....................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR