[2001] KECA 75 (KLR)
Despite the applicants providing a weak reason for the delay, the court exercised its unfettered discretion under rule 4 of the Court of Appeal Rules and granted an extension of time to serve the Notice of Appeal. The court considered the explanation provided and, in the interests of justice, allowed the...
Source-derived case information.
- Citation
- [2001] KECA 75 (KLR)
- Parties
- Applicant: MC'CLOY SERVICES LIMITED; Applicant: PETER KYALO; Respondent: PURITY A. MUTUKU
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 261 of 2000
- Procedural Posture
- Civil Application / Application for Extension of Time to Serve Notice of Appeal
- Outcome
- application allowed
- Legal Topics
- Extension of Time, Service of Notice, Court of Appeal Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
MC'CLOY SERVICES LIMITED
Applicant
PETER KYALO
Applicant
PURITY A. MUTUKU
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to Serve Notice of Appeal
Legal Issues
- 1 Whether the applicants should be granted an extension of time to serve the Notice of Appeal out of time.
Ratio Decidendi
Despite the applicants providing a weak reason for the delay, the court exercised its unfettered discretion under rule 4 of the Court of Appeal Rules and granted an extension of time to serve the Notice of Appeal. The court considered the explanation provided and, in the interests of justice, allowed the application, extending the time for service by four days from the date of the ruling.
Court Disposition
application allowed
Orders
- Time for serving the Notice of Appeal is extended by four days from the date of this ruling.
Full Case Text
Judgment text and source record
18 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: BOSIRE, J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. NAI.261 OF 2000
BETWEEN
1. MC'CLOY SERVICES LIMITED )
2. PETER KYALO )......................................... APPLICANTS
AND
PURITY A. MUTUKU .................................. RESPONDENT
(An application for extension of time to serve a Notice of Appeal out of time in the intended appeal against the judgement and decree of the High Court of Kenya at Nairobi (Justice Keiwua) dated 26th May, 2000.
in
H.C.C.C. No.511 of 1995) **************
RULING
This is an application under rule 4 of the Rules of this Court for an extension of time within which to serve a Notice of Appeal. The reason given for the delay in serving the Notice is that when all the copies of the same were lodged in the Superior Court, there was delay in sealing the same so that by the time the copies thereof were released to the applicant the seven days allowed under rule 76 for service had already expired. The reason appears weak, but that notwithstanding I exercise my unfettered discretion under rule 4 aforesaid, and extend the time by 4 days from the date hereto
Dated and delivered at Nairobi this 6th day of February, 2001.
S.E.O. BOSIRE ............................ JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR