[2002] KECA 198 (KLR)
The court held that although the delay in bringing the application was long, it was not inordinate. The applicant acted within two months of the appeal being struck out. The court exercised its discretion under rule 4 of the Court of Appeal Rules to grant the extension of time, allowing the applicant 10 days to file...
Source-derived case information.
- Citation
- [2002] KECA 198 (KLR)
- Parties
- Applicant: Mary Rono; Respondent: Jane Rono; Respondent: William Rono
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- ? 437 of 2001
- Procedural Posture
- Civil Application / Ruling on Application for Extension of Time to Serve Notice and Record of Appeal
- Outcome
- Application allowed. Extension of time granted for filing notice and record of appeal. Costs awarded to applicant.
- Legal Topics
- Extension of Time, Appeal Procedure, Court of Appeal Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Mary Rono
Applicant
Jane Rono
Respondent
William Rono
Respondent
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to Serve Notice and Record of Appeal
Legal Issues
- 1 Whether the applicant should be granted an extension of time to serve notice and record of appeal out of time.
- 2 Whether the delay in bringing the application was inordinate.
Ratio Decidendi
The court held that although the delay in bringing the application was long, it was not inordinate. The applicant acted within two months of the appeal being struck out. The court exercised its discretion under rule 4 of the Court of Appeal Rules to grant the extension of time, allowing the applicant 10 days to file a fresh notice of appeal and a further 30 days to lodge the record of appeal from the date of filing the notice. The absence of the respondents or their counsel and lack of explanation for their non-attendance influenced the court's decision to award costs to the applicant.
Court Disposition
Application allowed. Extension of time granted for filing notice and record of appeal. Costs awarded to applicant.
Orders
- Time to file a fresh notice of appeal extended by 10 days from the date of this ruling.
- Time to lodge the record of appeal extended by a further 30 days from the date of filing the notice of appeal.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAKURU
CORAM: BOSIRE, J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. NAI 437 OF 2001 (NKU 10/01)
BETWEEN MARY RONO .......................................... APPLICANT AND JANE RONO WILLIAM RONO ..................................... RESPONDENTS
(An application for extension of time to serve notice &
record of appeal out of time in an intended appeal
from the judgment & decree of the High Court of
Kenya at Eldoret (Nambuye J) dated 12th June, 1997
in
ELD. H.C.P. & A.C. NO. 40 OF 1988)
***********************
R U L I N G It is now trite law that an appellant whose appeal has been struck out as incompetent may apply under rule 4 of the Court of Appeal Rules for an extension of the time within which to lodge a competent appeal which is what the applicant in the present application has done. The applicant brought this application within two months of his appeal being struck out. The delay is long but not inordinate. In the circumstances, I am minded to exercise my discretion under rule 4 of the Rules of this Court and extend the time within which to file a fresh notice of appeal by 10 days and for lodging a record of appeal by a further 30 days from the date of filing the notice of appeal. Costs of this application to the applicant assessed at KShs.2,500/= (two thousand five hundred), notwithstanding the request in the consent letter dated 22nd January, 2002, that costs be in the intended appeal. The respondents did not attend Court and there is no explanation for their non-attendance or that of their counsel on record. Hence my order that they meet the costs of the present application.
Dated and delivered at Nakuru this 22nd day of February, 2002.
S. E. O. BOSIRE JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR