[2007] KECA 370 (KLR)
The Court found that neither the applicant nor their advocates were present at the hearing despite having been duly served. The Court determined that there was no good reason to adjourn the matter in the absence of the applicant or their legal representatives. Consequently, the application for extension of time was...
Source-derived case information.
- Citation
- [2007] KECA 370 (KLR)
- Parties
- Applicant: Mnala Koita; Respondent: Justus Obukuse
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Application 97 of 2004
- Procedural Posture
- Civil Application / Application for Extension of Time to Lodge and Serve Notice and Record of Appeal Out of Time
- Outcome
- application dismissed with costs to the respondent
- Legal Topics
- Extension of Time, Appeals Process, Dismissal for Nonattendance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mnala Koita
Applicant
Justus Obukuse
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to Lodge and Serve Notice and Record of Appeal Out of Time
Legal Issues
- 1 Whether the application for extension of time to lodge and serve notice and record of appeal out of time should be granted.
- 2 Whether the absence of the applicant or their advocate at the hearing justifies dismissal of the application.
Ratio Decidendi
The Court found that neither the applicant nor their advocates were present at the hearing despite having been duly served. The Court determined that there was no good reason to adjourn the matter in the absence of the applicant or their legal representatives. Consequently, the application for extension of time was dismissed with costs to the respondent, in accordance with Rule 55(1) of the Court of Appeal Rules, which empowers the Court to dismiss an application where the applicant fails to attend the hearing.
Court Disposition
application dismissed with costs to the respondent
Orders
- The reference is dismissed with costs to the respondent under rule 55(1) of the Court's Rules.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT KISUMU
Civil Appli 97 of 2004
MNALA KOITA…………………………...……………….…………. APPLICANT
AND
JUSTUS OBUKUSE…………………....……………...…………… RESPONDENT
(Application for extension of time to lodge and serve notice and record of appeal out of time in an intended appeal from the ruling and order of the High Court of Kenya
kamega (Tanui J) dated 16th January, 1997 in H.C.C.A No.63 of 1992)
****************
O R D E R
Neither the applicants who have made the reference to the Court nor their advocates, M/s. Lugadiru & Co. Advocates, are here. The advocates were served and must be aware of today’s hearing. The respondent is present. In those circumstances, we see no good reason to adjourn the reference and we order that it be and is hereby dismissed with costs to the respondent under rule 55(1) of the Court’s Rules.
Dated and delivered at Kisumu this 21st day of March, 2007.
R.S.C. OMOLO
…………………………..
JUDGE OF APPEAL
S.E.O. BOSIRE
…………………………….
JUDGE OF APPEAL
W.S. DEVERELLL
……………………………..
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR