[1997] KECA 304 (KLR)
The court held that since the applicant had not applied for an extension of time to file a notice of appeal, which is the first step in the appellate process, the application for extension of time to file and serve the record of appeal was of no practical effect. The absence of a valid notice of appeal meant that...
Source-derived case information.
- Citation
- [1997] KECA 304 (KLR)
- Parties
- Applicant: Lointebes Group Ranch; Respondent: Kipkemoi Arap Mendera
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- ? 411 of 1996
- Procedural Posture
- Civil Application / Ruling on Application for Extension of Time
- Outcome
- application dismissed
- Legal Topics
- Extension of Time, Appeals Process, Record of Appeal Requirements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lointebes Group Ranch
Applicant
Kipkemoi Arap Mendera
Respondent
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the applicant is entitled to an extension of time to file and serve a record of appeal out of time.
- 2 Whether failure to file a notice of appeal out of time precludes the granting of the application.
Ratio Decidendi
The court held that since the applicant had not applied for an extension of time to file a notice of appeal, which is the first step in the appellate process, the application for extension of time to file and serve the record of appeal was of no practical effect. The absence of a valid notice of appeal meant that there was no basis upon which the court could grant the extension sought. The court therefore declined to exercise its discretion in favour of the applicant and dismissed the application.
Court Disposition
application dismissed
Orders
- The application for extension of time to file and serve a record of appeal out of time is dismissed.
- No order as to costs.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAKURU
(CORAM: BOSIRE AG. J.A (IN CHAMBERS)
CIVIL APPLICATION NO. NAI.411 OF 1996
BETWEEN
LOINTEBES GROUP RANCH...................................APPLICANT
A N D
KIPKEMOI ARAP MENDERA....................................RESPONDENT
(Appeal from a judgment of the High Court of Kenya at Kericho (Justice Nambuye) dated 25th July, 1994 in H.C.C.C. NO. 17 OF 1992) *****************
RULING OF THE COURT
There is an application under rule 4 of the Rules of this Court for an order extending time within which to file and serve a record of appeal out of time. The appellant's previous appeal against the decision of the superior court's judgment delivered on 25th July, 1994 was struck out on 27th September, 1996 because the record of appeal did not include a certified copy of decree. The applicant was therefore required to start the appellate process denovo. The applicant having not applied for extension of time within which to file a notice of appeal out of time, even if I were minded to grant the present application it will not serve any purpose. The process of appeal is started by the lodging of a notice of appeal and thereafter a record of appeal. The applicant having not realized that part, I am constrained not to exercise my discretion in favour of setting aside and will dismiss the appeal but with no order as to costs.
Dated at Nakuru this 20th day of February, 1997.
S.E.O. BOSIRE
..................
AG. JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR