[2000] KECA 362 (KLR)
The court found that, having heard both parties and considering all circumstances, this was a proper case to exercise its discretion in favour of the applicant. The applicant was therefore granted an extension of time to file the Notice of Appeal within 7 days and the Record of Appeal within 21 days. The court also...
Source-derived case information.
- Citation
- [2000] KECA 362 (KLR)
- Parties
- Applicant: NIMA INVESTMENTS LIMITED; Respondent: STEPHEN MBUKI KIMANI
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 219 of ??
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Extension of Time
- Outcome
- Application for extension of time granted with costs to the respondent.
- Legal Topics
- Extension of Time, Notice of Appeal, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
NIMA INVESTMENTS LIMITED
Applicant
STEPHEN MBUKI KIMANI
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the applicant should be granted an extension of time to file a Notice of Appeal and Record of Appeal.
- 2 Whether costs should be awarded to the respondent.
Ratio Decidendi
The court found that, having heard both parties and considering all circumstances, this was a proper case to exercise its discretion in favour of the applicant. The applicant was therefore granted an extension of time to file the Notice of Appeal within 7 days and the Record of Appeal within 21 days. The court also awarded costs of the application to the respondent, assessed at K.Shs.5,000, payable within 10 days, failing which execution may issue.
Court Disposition
Application for extension of time granted with costs to the respondent.
Orders
- Notice of Appeal to be filed within 7 days from the date of the ruling.
- Record of Appeal to be filed within 21 days thereafter.
Full Case Text
Judgment text and source record
7 paragraphs
REPUBLIC OF KENYA
NIMA INVESTMENTS LIMITED ..............................APPLICANT AND STEPHEN MBUKI KIMANI ..................................RESPONDENT
R U L I N G
Having heard advocates for both parties and in all the circumstances of the case, I am satisfied that this is a proper case to exercise my discretion and grant the extension sought. Accordingly, I order that Notice of Appeal be filed within 7 days from today and the Record of Appeal within 21 days thereafter. The applicant shall pay to the Respondent costs of this application assessed at K.Shs.5,000/= payable within 10 days failing which execution may issue. Dated and delivered at Nairobi this 7th day of November, 2000.
A.A. LAKHA
...................JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR