[2002] KECA 184 (KLR)
The court exercised its judicial discretion under rule 4 of the Court of Appeal Rules to grant the applicant an extension of 20 days to lodge the record of appeal. The decision was influenced by the absence of opposition from the respondents and the fact that the application was made promptly after the expiry of the...
Source-derived case information.
- Citation
- [2002] KECA 184 (KLR)
- Parties
- Applicant: Peter G.N. Nganga; Respondent: Standard Chartered Bank of Kenya Ltd; Respondent: Harrison Maina Kariuki
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 293 of 2002
- Procedural Posture
- Civil Application / Application for Extension of Time to File Record of Appeal
- Outcome
- Application allowed. Extension of time granted.
- Legal Topics
- Extension of Time, Appeals Process, Court of Appeal Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter G.N. Nganga
Applicant
Standard Chartered Bank of Kenya Ltd
Respondent
Harrison Maina Kariuki
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to File Record of Appeal
Legal Issues
- 1 Whether the applicant should be granted an extension of time to lodge the record of appeal under rule 4 of the Court of Appeal Rules.
Ratio Decidendi
The court exercised its judicial discretion under rule 4 of the Court of Appeal Rules to grant the applicant an extension of 20 days to lodge the record of appeal. The decision was influenced by the absence of opposition from the respondents and the fact that the application was made promptly after the expiry of the prescribed period. The court also ordered the applicant to pay the respondents' costs of the motion, assessed at Kshs. 3,000 for each respondent.
Court Disposition
Application allowed. Extension of time granted.
Orders
- Time for lodging the record of appeal is extended by 20 days from the date of the ruling.
- The applicant shall pay each respondent Kshs. 3,000 as costs of the motion.
Full Case Text
Judgment text and source record
17 paragraphs
IN THE COURT OF APPEAL AT NAIROBI
(CORAM: BOSIRE, JA (IN CHAMBERS)
CIVIL APPLICATION NO.293 OF 2002 (UR 145/2002)
BETWEEN
PETER G.N. NGANGA .............................................APPLICANT
AND
STANDARD CHARTERED BANK OF KENYA LTD
HARRISON MAINA KARIUKI .........................RESPONDENTS
An application for extension of time to file the Record of Appeal against the decision of the High Court of Kenya at Nairobi Milimani Commercial Law Courts (Mr. Justice John Mwera) given on the 5th day of July 2002
in
H.C.C.S. NO.1037 of 2000) **********************
R U L I N G
This is a motion under rule 4 of the Court of Appeal Rules for an extension of time within which to lodge a record of appeal. As Mr. Munene for both respondents does not oppose the application and considering that the application was made without any inordinate delay after the expiry of the period provided in the aforesaid rules for lodging a record of appeal, I am minded to exercise my judicial discretion under rule 4 aforesaid, and extend the time for lodging the record of appeal for a further 20 days from the date hereof. The applicant shall bear both the respondents' costs of the motion assessed at Kshs.3000/= for each of them.
Dated and delivered this 24th day of October, 2002.
S.E.O. BOSIRE
...................... JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRA