[2001] KECA 345 (KLR)
The court found that the application for extension of time to file an appeal was lodged without undue delay, being filed only 15 days after the first appeal was struck out. The respondent did not oppose the application, and the court, considering all circumstances, exercised its discretion to allow the extension....
Source-derived case information.
- Citation
- [2001] KECA 345 (KLR)
- Parties
- Applicant: Peter Mujunga Gathuru; Respondent: Harun Osoro Nyamboki; Respondent: Estate Building Society
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 305 of 2000
- Procedural Posture
- Civil Application / Application for Extension of Time to File Appeal
- Outcome
- Application allowed.
- Legal Topics
- Extension of Time, Appeals Process, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Mujunga Gathuru
Applicant
Harun Osoro Nyamboki
Respondent
Estate Building Society
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to File Appeal
Legal Issues
- 1 Whether the applicant should be granted an extension of time to file an appeal out of time.
- 2 Whether there was undue delay in lodging the application for extension of time.
- 3 Whether costs should be awarded to the respondent.
Ratio Decidendi
The court found that the application for extension of time to file an appeal was lodged without undue delay, being filed only 15 days after the first appeal was struck out. The respondent did not oppose the application, and the court, considering all circumstances, exercised its discretion to allow the extension. The court further ordered that the record of appeal be lodged within 30 days and awarded costs of the application to the respondent, assessed at KES 8,000, to be paid within 30 days, failing which execution may issue.
Court Disposition
Application allowed.
Orders
- The application for extension of time to file an appeal out of time is allowed.
- The record of appeal may be lodged within the next 30 days.
Full Case Text
Judgment text and source record
14 paragraphs
IN THE COURT OF APPEAL AT NAIROBI CORAM: SHAH J.A. (IN CHAMBERS) CIVIL APPLICATION NO. NAI. 305 OF 2000
BETWEEN
PETER MUJUNGA GATHURU.................................APPLICANT
AND
HARUN OSORO NYAMBOKI ESTATE BUILDING SOCIETY........... .................RESPONDENTS
(An application for extension of time to file and appeal out of time from the Judgment of the High Court of Kenya at Nairobi (Kuloba, J) dated 17th June, 1999
in
H.C.C.C. NO. 2874 OF 1987) ******************
R U L I N G
Mr. Nyaoga for the respondent is not, quite properly, opposing this application. I, on my part, see no delay in the lodgment of this application which was lodged some 15 days after the first appeal was struck out. Considering all circumstances and also what Mr. Nyaoga says, I allow this application. The record of appeal may be lodged within the next 30 days. The respondent however will have costs of this application which I assess at Shs.8,000/=. These costs must be paid within the next 30 days failing which execution may issue.
Dated and delivered at Nairobi this 28th day of March, 2001.
A.B. SHAH ................ JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR.