[2024] KECA 1685 (KLR)
The court granted the application for extension of time as the parties had filed a consent letter agreeing to the orders sought. The court found the consent reasonable and in accordance with the law, and therefore issued orders in terms of the consent. The application was allowed as prayed, and there was no order as...
Source-derived case information.
- Citation
- [2024] KECA 1685 (KLR)
- Parties
- Applicant: Julius Njuguna; Respondent: John Roki Waithaka
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal (Application) E436 of 2024
- Procedural Posture
- Civil Appeal / Application for Extension of Time to File and Serve Record of Appeal
- Outcome
- Application allowed by consent; extension of time granted; no order as to costs.
- Judges
- M Ngugi
- Legal Topics
- Extension of Time, Record of Appeal Filing, Consent Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julius Njuguna
Applicant
John Roki Waithaka
Respondent
Procedural Posture
Civil Appeal / Application for Extension of Time to File and Serve Record of Appeal
Legal Issues
- 1 Whether the applicant should be granted extension of time to file and serve the record of appeal out of time.
- 2 Whether the record of appeal filed on 11th June 2024 should be deemed as duly filed and served.
Ratio Decidendi
The court granted the application for extension of time as the parties had filed a consent letter agreeing to the orders sought. The court found the consent reasonable and in accordance with the law, and therefore issued orders in terms of the consent. The application was allowed as prayed, and there was no order as to costs.
Court Disposition
Application allowed by consent; extension of time granted; no order as to costs.
Orders
- The Notice of Motion dated 21st June 2024 is allowed in terms of prayer 1 and 2.
- There be no order as to costs.
Full Case Text
Judgment text and source record
19 paragraphs
Njuguna v Waithaka (Civil Appeal (Application) E436 of 2024) [2024] KECA 1685 (KLR) (22 November 2024) (Ruling)
Neutral citation: [2024] KECA 1685 (KLR)
Republic of Kenya
In the Court of Appeal at Nairobi
Civil Appeal (Application) E436 of 2024
M Ngugi, JA
November 22, 2024
Between
Julius Njuguna
Applicant
and
John Roki Waithaka
Respondent
((Being an application for extension of time to file and serve a record of appeal out of time on an appeal from the judgment of 0. A. Angote J. dated 3{{^rd}} November 2022) Environment & Land Case 1391 of 2013 )
Ruling
1. In his application dated 21st June, 2024, the applicant seeks extension of time pursuant to rule 4 of this Court’s Rules to file and serve the record of appeal dated 11th June 2024 out of time and in the alternative, that the record of appeal dated 10th June 2024 and filed on 11th June 2024 be deemed as duly filed and served.
2. The application was placed before me for hearing on 5th November 2024. Upon perusal of the record, however, I notedthat the parties had filed a consent letter dated 8th July 2024 signed by the firm of N. Kinyanjui & Co. Advocates for the applicant and E.M. Wachira & Co. Advocates for the respondent. The consent is in the following terms:1. That the Notice of Motion dated 21st June 2024 is allowed in terms of prayer 1 and 2. 2.That there be no order as to costs.
3. As the parties have consented to the extension of time as prayed by the applicant, and such consent being reasonable and meeting with the approval of the Court, orders are hereby issued in terms of the consent between the parties dated 8th July 2024
DATED AND DELIVERED AT NAIROBI THIS 22ND DAY OF NOVEMBER, 2024MUMBI NGUGI………………………….JUDGE OF APPEALI certify that this is a true copy of the originalSignedDEPUTY REGISTRAR