[1997] KECA 334 (KLR)
The court found that the application was brought without inordinate or unreasonable delay following the striking out of the appeal. The judge was satisfied that the circumstances justified the exercise of the court's unfettered discretion to grant the extension of time sought. Accordingly, the application was...
Source-derived case information.
- Citation
- [1997] KECA 334 (KLR)
- Parties
- Applicant: Mutua Vuvimutune Musyoki; Applicant: Kalee Mutua; Respondent: Titus Ngui Mutisya
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 238 of 1996
- Procedural Posture
- Civil Application / Application for Leave to File Notice of Appeal and Record Out of Time
- Outcome
- application granted
- Legal Topics
- Extension of Time, Appeals Process, Discretion of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mutua Vuvimutune Musyoki
Applicant
Kalee Mutua
Applicant
Titus Ngui Mutisya
Respondent
Procedural Posture
Civil Application / Application for Leave to File Notice of Appeal and Record Out of Time
Legal Issues
- 1 Whether the applicants have demonstrated sufficient cause for extension of time to file a notice of appeal and record of appeal out of time.
Ratio Decidendi
The court found that the application was brought without inordinate or unreasonable delay following the striking out of the appeal. The judge was satisfied that the circumstances justified the exercise of the court's unfettered discretion to grant the extension of time sought. Accordingly, the application was allowed as prayed, permitting the applicants to file the notice of appeal within 7 days and the record of appeal within 30 days thereafter. Costs of the application were awarded to the respondent.
Court Disposition
application granted
Orders
- Applicants to file notice of appeal within 7 days.
- Applicants to file record of appeal within 30 days thereafter.
Full Case Text
Judgment text and source record
6 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: LAKHA, J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. NAI. 238 OF 1996 BETWEENMUTUA VUVIMUTUNE MUSYOKIKALEE MUTUA ............................................ APPLICANTSANDTITUS NGUI MUTISYA ..................................... RESPONDENT IN THE COURT OF APPEAL AT NAIROBI (CORAM: LAKHA, J.A. (IN CHAMBERS) CIVIL APPLICATION NO. NAI. 238 OF 1996R U L I N G I am satisfied that this is a fit and a proper application for the exercise of my unfettered discretion. There has been no inordinate or any unreasonable delay in filing this application after the appeal was struck out on 29th April, 1996. I, therefore, grant the application as prayed. Notice of Appeal within 7 days and the record within 30 days thereafter. The applicants shall pay the costs of this application to the respondent in any event.
Made at Nairobi this 9th day of May, 1997. A.A. LAKHA ................ JUDGE OF APPEAL I certify that this is a true copy of the original. DEPUTY REGISTRAR