[2007] KECA 381 (KLR)
The court, acting on the consent of all counsel, granted the applicant an extension of 14 days to file and serve the notice of appeal, with the condition that costs of Kshs. 12,000 be paid to the 1st respondent within the same period. Failure to comply with these conditions would result in the dismissal of the...
Source-derived case information.
- Citation
- [2007] KECA 381 (KLR)
- Parties
- Applicant: Pan Africa Insurance Company Limited; Respondent: Roseline Awino Okwach; Respondent: Joshua Omondi Agoro; Respondent: United Insurance Company Ltd
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Application 272 of 2006
- Procedural Posture
- Extension of Time Application / Order on Application for Extension of Time to File Notice and Record of Appeal
- Outcome
- Application allowed by consent, subject to conditions.
- Legal Topics
- Extension of Time, Appeals Process, Consent Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pan Africa Insurance Company Limited
Applicant
Roseline Awino Okwach
Respondent
Joshua Omondi Agoro
Respondent
United Insurance Company Ltd
Respondent
Procedural Posture
Extension of Time Application / Order on Application for Extension of Time to File Notice and Record of Appeal
Legal Issues
- 1 Whether the applicant should be granted an extension of time to file and serve the notice of appeal and record of appeal out of time.
- 2 Whether costs should be awarded to the 1st respondent as a condition for the extension.
Ratio Decidendi
The court, acting on the consent of all counsel, granted the applicant an extension of 14 days to file and serve the notice of appeal, with the condition that costs of Kshs. 12,000 be paid to the 1st respondent within the same period. Failure to comply with these conditions would result in the dismissal of the motion. The order was made to facilitate the intended appeal process while ensuring the interests of the 1st respondent were protected through the award of costs.
Court Disposition
Application allowed by consent, subject to conditions.
Orders
- The applicant to file and serve its notice of appeal within 14 days from the date of the order; time is enlarged for that period.
- Costs of Kshs. 12,000 to the 1st respondent to be paid within the same period, failing which the motion will stand dismissed.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL OF KENYA
AT KISUMU
Civil Appli 272 of 2006
PAN AFRICA INSURANCE COMPANY LIMITED ……............……APPLICANT
AND
ROSELINE AWINO OKWACH………….……………….…...1ST RESPONDENT
JOSHUA OMONDI AGORO …………….……………….......2ND RESPONDENT
UNITED INSURANCE COMPANY LTD …....………..…….....3RD RESPONDENT
(Application for extension of time to lodge and serve a notice of appeal andrecord of appeal out of time in an intended appeal from the ruling and orderof the High Court of Kenya Kisumu (Mr. Justice Mwera) dated 22nd September, 2006inH.C.C.C. NO. 67 OF 2004)
************
ORDER BY CONSENT
By consent of all counsel, it is hereby ordered as follows:-
(i) The applicant to file and serve its notice of appeal with 14 days of the date hereof and time is enlarged for that period from the date hereof.
(ii) Costs of Kshs. 12,000/= to the 1st respondent to be paid within the same period, failing which this motion will stand dismissed.
(iii) Upon complying with (1) and (2) above, the memorandum and record of appeal to be lodged in accordance withthe Rules of Court.
Made at Kisumu this 19th day of March, 2007.
S.E.O. BOSIRE
………………………..
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR