[2000] KECA 169 (KLR)
The court found that although the applicants had previously been guilty of several omissions, these were excusable in the circumstances. The delay of about 13 days in bringing the present application was sufficiently explained and was not so inordinate as to deny the applicants the extension sought. The court...
Source-derived case information.
- Citation
- [2000] KECA 169 (KLR)
- Parties
- Applicant: Malindi Air Services Ltd; Applicant: John Maurice Cleave; Respondent: Halima Abdinor Hassan
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 359 of 1999
- Procedural Posture
- Civil Application / Application for Extension of Time to File Notice and Record of Appeal
- Outcome
- Application allowed. Extension of time granted.
- Legal Topics
- Extension of Time, Appeals Process, Court Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Malindi Air Services Ltd
Applicant
John Maurice Cleave
Applicant
Halima Abdinor Hassan
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to File Notice and Record of Appeal
Legal Issues
- 1 Whether the applicants have provided sufficient cause for extension of time to file and serve a Notice of Appeal and record of appeal.
- 2 Whether the delay in bringing the application is excusable under the court's discretionary powers.
Ratio Decidendi
The court found that although the applicants had previously been guilty of several omissions, these were excusable in the circumstances. The delay of about 13 days in bringing the present application was sufficiently explained and was not so inordinate as to deny the applicants the extension sought. The court exercised its discretion under rule 4 of the Court of Appeal Rules to allow the application, granting the applicants 10 days to file and serve the Notice of Appeal and a further 30 days to file and serve the record of appeal. No order as to costs was made.
Court Disposition
Application allowed. Extension of time granted.
Orders
- Applicants to file and serve a Notice of Appeal within 10 days from the date of the ruling.
- Applicants to file and serve a record of appeal within a further 30 days.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: BOSIRE, J.A (IN CHAMBERS)
CIVIL APPLICATION NO. NAI.359 OF 1999
BETWEEN
MALINDI AIR SERVICES LTD............................. IST APPLICANT
JOHN MAURICE CLEAVE ................................. 2ND APPLICANT
AND
HALIMA ABDINOR HASSAN ...............................RESPONDENT
(An application for extension of time within which to file and serve a Notice of Appeal and an Appeal from the Ruling of the High Court of Kenya at Nairobi (Justice Mbogholi) dated 6th August 1998 in H.C.C.C. No.1509 of 1998) ******************
R U L I N G
This is an application for extension of time within which to file and serve a Notice of Appeal and thereafter a record of appeal. This is the second time the applicants have sought for a similar order. The first time the applicants applied and were granted the extension as a result of which extension they had Civil Appeal No.152 of 1999, filed, which on 8th December, 1999, was struck out because the order which was included in the record of appeal did not tally with the order appeaTlheed aagpapilniscta.nts thereafter brought this application. There was a delay of about 13 days before this application. The delay has been sufficiently explained. Moreover, the delay is not in my view, inordinate as will deny the applicants the extension sought in this application.
The jurisdiction of this court under rule 4 of the rules of this court is discretionary and unfettered. Although the applicants have in the past been guilty of several omissions, they are of the nature which are excusable. In exercise of my discretion under the aforesaid rule, I allow the application and extend the time within which to file and serve a Notice of Appeal by 10 days from the date hereof, and a further 30 days to file and serve a record of appeal. I make no order as to the costs of the application.
Dated and delivered at Nairobi this 6th day of March, 2000.
S.E.O. BOSIRE
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR