[2001] KECA 185 (KLR)
The court found that the applicant had provided a satisfactory explanation for the defect in the original notice of appeal, namely, an error in the date of the judgment. The mistake was promptly rectified, and the respondents did not oppose the application. In the circumstances, the court exercised its discretion in...
Source-derived case information.
- Citation
- [2001] KECA 185 (KLR)
- Parties
- Applicant: Nation Media Group Ltd; Respondent: Morris Nyamasyo Masila; Respondent: Attorney General
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 128 of 2001
- Procedural Posture
- Extension of Time Application / Ruling on Application for Extension of Time to File Notice and Memorandum of Appeal
- Outcome
- application allowed
- Legal Topics
- Extension of Time, Appeals Process, Procedural Irregularity
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nation Media Group Ltd
Applicant
Morris Nyamasyo Masila
Respondent
Attorney General
Respondent
Procedural Posture
Extension of Time Application / Ruling on Application for Extension of Time to File Notice and Memorandum of Appeal
Legal Issues
- 1 Whether the applicant should be granted an extension of time to file and serve the notice of appeal and memorandum of appeal out of time.
- 2 Whether the explanation for the defective notice of appeal constitutes sufficient cause for extension.
Ratio Decidendi
The court found that the applicant had provided a satisfactory explanation for the defect in the original notice of appeal, namely, an error in the date of the judgment. The mistake was promptly rectified, and the respondents did not oppose the application. In the circumstances, the court exercised its discretion in favour of the applicant, allowing the extension of time to file the notice of appeal and memorandum of appeal.
Court Disposition
application allowed
Orders
- The applicant shall file a notice of appeal within seven (7) days from the date of this ruling.
- The applicant shall file a memorandum of appeal within 21 days from the date the notice of appeal is filed.
Full Case Text
Judgment text and source record
13 paragraphs
IN THE COURT OF APPEAL AT NAIROBI (CORAM: O'KUBASU J.A (IN CHAMBERS) CIVIL APPLICATION NO. NAI 128 OF 2001 (UR. 72/2001)
BETWEEN
NATION MEDIA GROUP LTD .............................................APPLICANT
AND MORRIS NYAMASYO MASILA ........................... 1ST RESPONDENT
ATTORNEY GENERAL ........................................ 2ND RESPONDENT
(Application for extension of time to file and serve a Notice of Appeal, the Memorandum of Appeal and Record of Appeal out of time in an intended appeal from the Judgment and Decree of the High Court of Kenya at Nairobi (Osiemo, J) dated 22nd March, 2001
in
H.C.C.C NO. 1880 OF 1998) ****************
R U L I N G
This is an application for extension of time in which to file notice of appeal and lodge memorandum of appeal. The original appeal was struck out on 4th April, 2001 due to the fact that the notice of appeal was defective as there was mistake in the date when the judgment of the superior court was delivered. The applicant then filed this application thereafter. The mistake has now been rectified. The respondents although served with this application have failed to apHpaevairn.g considered the explanation given by Mr. Majanja for the applicant, I am satisfied that this is a proper case in which I should exercise my discretion in favour of the applicant. Hence, the application is allowed and the applicant is to file a notice of appeal within seven (7) days from the date of this ruling and then file a memorandum of appeal within 21 days from the date the notice of appeal is filed. Costs of this application will abide the outcome of the intended appeal.
Dated at Nairobi this 20th day of September, 2001.
E. O. O'KUBASU .................................. JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR