[2001] KECA 242 (KLR)
The Court of Appeal held that the learned single judge properly exercised his discretion in granting the extension of time to file and serve the Notice of Appeal and Record of Appeal out of time. The Court found that non-compliance with rule 22 was not material to the exercise of discretion in this context and...
Source-derived case information.
- Citation
- [2001] KECA 242 (KLR)
- Parties
- Applicant: Muchanga Investments Limited; Respondent: Safaris Unlimited (Africa) Limited; Respondent: Registrar of Titles; Respondent: Attorney-General
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 376 of 2000
- Procedural Posture
- Civil Application / Reference Under Rule 54(1)(b) of the Court of Appeal Rules; Application for Extension of Time to File and Serve a Notice of Appeal and Record of Appeal Out of Time
- Outcome
- reference dismissed with costs
- Legal Topics
- Extension of Time, Appeals Process, Court Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Muchanga Investments Limited
Applicant
Safaris Unlimited (Africa) Limited
Respondent
Registrar of Titles
Respondent
Attorney-General
Respondent
Procedural Posture
Civil Application / Reference Under Rule 54(1)(b) of the Court of Appeal Rules; Application for Extension of Time to File and Serve a Notice of Appeal and Record of Appeal Out of Time
Legal Issues
- 1 Whether the single judge erred in granting an extension of time to file and serve a Notice of Appeal and Record of Appeal out of time.
- 2 Whether non-compliance with rule 22 of the Court of Appeal Rules invalidated the extension granted.
Ratio Decidendi
The Court of Appeal held that the learned single judge properly exercised his discretion in granting the extension of time to file and serve the Notice of Appeal and Record of Appeal out of time. The Court found that non-compliance with rule 22 was not material to the exercise of discretion in this context and agreed with the single judge's approach. The applicant failed to demonstrate any error in principle or otherwise that would justify interfering with the order. Consequently, the reference was dismissed with costs.
Court Disposition
reference dismissed with costs
Orders
- The reference is dismissed with costs to the respondents.
Full Case Text
Judgment text and source record
18 paragraphs
IN THE COURT OF APPEAL AT NAIROBI (CORAM: TUNOI, LAKHA & OWUOR, JJ.A.) CIVIL APPLICATION NO. NAI. 376 OF 2000
BETWEEN
MUCHANGA INVESTMENTS LIMITED ...................................APPLICANT
AND
SAFARIS UNLIMITED (AFRICA) LIMITED ................. 1STRESPONDENT
REGISTRAR OF TITLES ............................................. 2NDRESPONDENT
ATTORNEY-GENERAL ................................................ 3RDRESPONDENT
(Application for extension of time to file and serve a Notice of Appeal and Record of Appeal out of time in an intended appeal from the Ruling of the High Court of Kenya at Nairobi (Hon. Justice Khamoni) dated 2nd March, 1999
in
H.C.C.C. NO. 133 OF 1998 (O.S.)) ***********************
RULING OF THE COURT
This is an application for a reference under rule 54(1)(b) of the Rules of this Court. It has been ably argued by Mr. Mwenesi with his usual ability. Two points have been urged: first, rule 22 has not been complied with. The learned single judge did not consider this relevant and we respectfully agree with him. The discretion exercised in granting the extension cannot be disturbed.
Accordingly, we are not persuaded that the learned single judge erred in principle or otherwise in granting the order as he did. This reference therefore fails and is accordingly dismissed with costs.
Made at Nairobi this 7th day of June, 2001.
P.K. TUNOI ...................... JUDGE OF APPEAL
A.A. LAKHA ...................... JUDGE OF APPEAL
E. OWUOR ......................... JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR