[2001] KECA 254 (KLR)
The court found that the applicant failed to demonstrate sufficient cause for the delay in filing the notice of appeal. The discretion to extend time is not automatic and must be exercised judiciously based on the reasons advanced. In this case, the applicant did not provide adequate justification for the delay, and...
Source-derived case information.
- Citation
- [2001] KECA 254 (KLR)
- Parties
- Applicant: Longiro Serii Rwatagol; Respondent: Chepochekatogoh Serii
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- ? 335 of ??
- Procedural Posture
- Extension of Time Application / Ruling on Application for Extension of Time to File Notice of Appeal
- Outcome
- application dismissed with costs to the respondent
- Legal Topics
- Extension of Time, Notice of Appeal, Appellate Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Longiro Serii Rwatagol
Applicant
Chepochekatogoh Serii
Respondent
Procedural Posture
Extension of Time Application / Ruling on Application for Extension of Time to File Notice of Appeal
Legal Issues
- 1 Whether the applicant has demonstrated sufficient cause for the extension of time to file a notice of appeal out of time.
Ratio Decidendi
The court found that the applicant failed to demonstrate sufficient cause for the delay in filing the notice of appeal. The discretion to extend time is not automatic and must be exercised judiciously based on the reasons advanced. In this case, the applicant did not provide adequate justification for the delay, and as such, the application for extension of time was dismissed with costs to the respondent.
Court Disposition
application dismissed with costs to the respondent
Orders
- Application dismissed with costs to the respondent assessed at KES 2,000 to be paid within 14 days; in default, execution to issue.
Full Case Text
Judgment text and source record
3 paragraphs
IN THE COURT OF APPEAL AT NAKURU (CORAM: KWACH, J.A. (IN CHAMBERS)) CIVIL APPLICATION NO. NAI. 335 OF 2000 BETWEEN LONGIRO SERII RWATAGOL ...............................APPLICANT AND CHEPOCHEKATOGOH SERII ................................RESPONDENT (Application for extension of time to file a Notice of Appeal out of time in an intended appeal from the Judgment of the High Court of Kenya at Kitale (Justice Nambuye) dated 25th May, 2000 in H.C.C.C. NO. 88 OF 1998) ************** R U L I N G
Application dismissed with costs to the respondent assessed at Shs.2,000/= to be paid within 14 days and in default execution to issue. Made at Nakuru this 21st day of February, 2001.
R.O. KWACH ................... JUDGE OF APPEAL I certify that this is a true copy of the original. DEPUTY REGISTRAR