[2002] KECA 46 (KLR)
The court granted the application for extension of time by consent of both parties. The order was made on the basis that both the applicant and respondent agreed to the extension, and the respondent was awarded costs assessed at Ksh.5,000 to be paid within 14 days. The court exercised its discretion under the...
Source-derived case information.
- Citation
- [2002] KECA 46 (KLR)
- Parties
- Applicant: Paramount Bank Limited; Respondent: Agriculture Syndicate Limited
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 42 of 2002
- Procedural Posture
- Civil Application / Application for Extension of Time to File and Serve Notice of Appeal
- Outcome
- Application granted by consent.
- Legal Topics
- Extension of Time, Notice of Appeal, Appeals Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paramount Bank Limited
Applicant
Agriculture Syndicate Limited
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to File and Serve Notice of Appeal
Legal Issues
- 1 Whether the applicant should be granted an extension of time to file and serve the notice of appeal out of time.
Ratio Decidendi
The court granted the application for extension of time by consent of both parties. The order was made on the basis that both the applicant and respondent agreed to the extension, and the respondent was awarded costs assessed at Ksh.5,000 to be paid within 14 days. The court exercised its discretion under the relevant procedural rules, emphasizing the importance of consent and the need to facilitate the appeal process without undue delay.
Court Disposition
Application granted by consent.
Orders
- The application for extension of time is granted.
- The applicant is to serve the notice of appeal on the respondent within 7 days from the date of the order.
Full Case Text
Judgment text and source record
22 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: OWUOR, J.A (IN CHAMBERS)
CIVIL APPLICATION NO. NAI. 42 OF 2002 (25/2002 UR)
BETWEEN
PARAMOUNT BANK LIMITED .......................................APPLICANT
AND
AGRICULTURE SYNDICATE LIMITED ........................RESPONDENT
(Application for extension of time to file and serve
Notice of appeal out of time in an intended appeal
from Judgment of the High Court of Kenya at Nairobi
(Mr. Justice Khamoni) dated 27th November, 2001
in
H.C.C.C NO. 586 OF 2001)
***************
O R D E R
By consent, application filed herein on 28th February, 2002 be and is hereby granted. The applicant is hereby granted leave to serve Notice of appeal on the respondent within 7 days from today's date.
Today's costs assessed at Ksh.5,000/= to the respondent. The same to be paid within 14 days from today's date. In default, execution to issue.
Dated and delivered at Nairobi this 18th day of June, 2002.
E. OWUOR ............................ JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR