[2006] KEHC 2007 (KLR)
The court exercised its discretion under Sections 3 and 3A of the Civil Procedure Act to allow the oral application for leave to file a supplementary record of appeal, noting that the application was made at the hearing of directions and that the missing decree was necessary for the proper determination of the...
Source-derived case information.
- Citation
- [2006] KEHC 2007 (KLR)
- Parties
- Defendant: Michael Kinuthia; Appellant: Jayantilal N. Kanabir; Appellant: Timothy Nyongesa Wakwabubi; Respondent: Gitau Njoroge
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 23 of 2004
- Procedural Posture
- Civil Appeal / Application for Leave to File Supplementary Record of Appeal at Directions Hearing
- Outcome
- Application for leave to file supplementary record of appeal allowed.
- Legal Topics
- Supplementary Record of Appeal, Directions Hearing, Leave of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Kinuthia
Defendant
Jayantilal N. Kanabir
Appellant
Timothy Nyongesa Wakwabubi
Appellant
Gitau Njoroge
Respondent
Procedural Posture
Civil Appeal / Application for Leave to File Supplementary Record of Appeal at Directions Hearing
Legal Issues
- 1 Whether the appellants should be granted leave to file a supplementary record of appeal due to a missing decree.
Ratio Decidendi
The court exercised its discretion under Sections 3 and 3A of the Civil Procedure Act to allow the oral application for leave to file a supplementary record of appeal, noting that the application was made at the hearing of directions and that the missing decree was necessary for the proper determination of the appeal. The court found it just and expedient to grant the application and set a timeline for compliance.
Court Disposition
Application for leave to file supplementary record of appeal allowed.
Orders
- The application for leave to file a supplementary record of appeal is allowed.
- The supplementary memorandum of appeal shall be filed and served within 30 days from the date hereof.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT BUNGOMA
Civil Appeal 23 of 2004
MICHAEL KINUTHIA.............................................................................................1ST DEFENDANT
JAYANTILAN. KANABIR............................................................ 2ND DEFENDANT/APPELLANT
TIMOTHY NYONGESA WAKWABUBI.....................................3RD DEFENDANT/APPELLANT
VERSUS
GITAU NJOROGE.....................................................................................................RESPONDENT
RULING
The appeal was admitted for hearing on
15th August 2005. When the appeal came up for directions on 7th February 2006, Mrs Aburili for the appellant, drew my attention to the fact that the decree was missing. She sought leave of the Court to file supplementary record of Appeal. She invoked the Provisions Section 3 and Section 3A of the Civil Procedure Act (Cap 21) Laws of Kenya.
I have taken note that the oral application has been made at the hearing of directions. Accordingly, I allow the application and further order that the supplementary memorandum of appeal be filed and served within 30 days from the date hereof.
Dated and delivered at Bungoma this 14th day of February 2006.
N.R.O. OMBIJA
JUDGE