[2001] KECA 160 (KLR)
The Court of Appeal held that there was no merit in the reference as the applicant failed to demonstrate that the single judge erred in principle or otherwise in refusing to grant the extension of time. The court found that there was no sufficient material before the single judge to warrant a different conclusion....
Source-derived case information.
- Citation
- [2001] KECA 160 (KLR)
- Parties
- Applicant: Mwihoko Housing Co. Ltd; Respondent: Equity Business Society
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 192 of 2000
- Procedural Posture
- Civil Application / Reference to Full Court From Single Judge Decision Refusing Extension of Time to Appeal
- Outcome
- Reference dismissed with costs.
- Legal Topics
- Extension of Time, Appeals, Judicial Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Mwihoko Housing Co. Ltd
Applicant
Equity Business Society
Respondent
Procedural Posture
Civil Application / Reference to Full Court From Single Judge Decision Refusing Extension of Time to Appeal
Legal Issues
- 1 Whether the single judge erred in refusing to grant extension of time to lodge an appeal out of time.
- 2 Whether there was sufficient material before the single judge to warrant a different conclusion.
Ratio Decidendi
The Court of Appeal held that there was no merit in the reference as the applicant failed to demonstrate that the single judge erred in principle or otherwise in refusing to grant the extension of time. The court found that there was no sufficient material before the single judge to warrant a different conclusion. Accordingly, the court dismissed the reference with costs, upholding the single judge's exercise of discretion.
Court Disposition
Reference dismissed with costs.
Orders
- The reference is dismissed with costs to the respondent.
Full Case Text
Judgment text and source record
20 paragraphs
IN THE COURT OF APPEAL AT NAIROBI (CORAM: KWACH, LAKHA & O'KUBASU, JJ.A. CIVIL APPLICATION NO. NAI. 192 OF 2000
BETWEEN
MWIHOKO HOUSING CO. LTD..................................APPLICANT
AND
EQUITY BUSINESS SOCIETY ...............................RESPONDENT
(Being an application for Reference to Full Court from a
decision of a single Judge of the High Court of Kenya at
Nairobi (Justice Shah) dated 22nd December, 2000
in
H.C.C.C. NO. 5992 OF 1992)
****************
RULING OF THE COURT
This is a reference under rule 54(1)(b) of the Rules of this Court seeking to reverse a decision of a single judge of the Court given on 22 December, 2000 whereby he refused extension to lodge an appeal out of time.
We have carefully considered Mr. Ndege's submissions but we are not persuaded that the learned single judge erred in principle or otherwise in refusing to exercise his discretion. Nor was there any material before him sufficient to reach any other conclusion.
We find no merit in this reference and the same is accordingly dismissed with costs.
Dated and delivered at Nairobi this 22nd day of May, 2001.
R.O. KWACH ......................... JUDGE OF APPEAL
A.A. LAKHA ......................... JUDGE OF APPEAL
E. O'KUBASU .......................... JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR