[1998] KECA 209 (KLR)
The application for extension of time to file a notice of appeal was dismissed because both the applicant and his advocate, despite being duly served with the hearing notice, failed to attend the hearing. The court exercised its discretion under rule 55(1) of the Court of Appeal Rules to dismiss the application for...
Source-derived case information.
- Citation
- [1998] KECA 209 (KLR)
- Parties
- Appellant: Martin Achoka; Respondent: Sindani
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Application 399 of 1996
- Procedural Posture
- Civil Application / Application for Extension of Time to File Notice of Appeal
- Outcome
- application dismissed for nonattendance
- Legal Topics
- Extension of Time, Notice of Appeal, Dismissal for Nonattendance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Martin Achoka
Appellant
Sindani
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to File Notice of Appeal
Legal Issues
- 1 Whether the application for extension of time to file a notice of appeal should be allowed in the absence of the applicant and his advocate.
Ratio Decidendi
The application for extension of time to file a notice of appeal was dismissed because both the applicant and his advocate, despite being duly served with the hearing notice, failed to attend the hearing. The court exercised its discretion under rule 55(1) of the Court of Appeal Rules to dismiss the application for nonattendance, emphasizing the importance of compliance with procedural requirements and attendance at scheduled hearings.
Court Disposition
application dismissed for nonattendance
Orders
- The application is dismissed under rule 55(1) of the Court of Appeal Rules.
Full Case Text
Judgment text and source record
9 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL AT KISUMU(CORAM: TUNOI, J.A. (IN CHAMBERS) CIVIL APPLICATION NO. NAI 399 OF 1996
BETWEEN MARTIN ACHOKA...........................................APPELLANT AND SINDANI......................................................RESPONDENT(Application for extension of time to file a notice of appeal in an intended appeal from the judgment of the High Court of Kenya at Kisii (Patel, J.) dated 21st February, 1990. in H.C.C.C. NO.9 OF 1995) ******************
ORDER
Paul O. Buti, advocate for the applicant, was served with the hearing notice on 17th March, 1998 at 11. 45 a.m. He and the applicant are asbsent. This application, therefore, is dismissed under rule 55(1) of the Rules. Made at Kisumu this 23rd day of March, 1998.
P.K. TUNOI
...............JUDGE OF APPEAL
I certify that this is true copy of the original.
DEPUTY REGISTRAR