[2002] KECA 129 (KLR)
The court exercised its discretion under rule 4 of the Court of Appeal Rules to grant the applicant an extension of time to serve the record of appeal. The judge found that the applicant should not be punished for the errors of his advocates, particularly as there was no evidence of inactivity or lack of diligence...
Source-derived case information.
- Citation
- [2002] KECA 129 (KLR)
- Parties
- Applicant: Peter Ndirangu; Respondent: Mary Karanja
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 314 of 2001
- Procedural Posture
- Civil Application / Application for Extension of Time to Serve Record of Appeal
- Outcome
- application allowed
- Judges
- AB Shah
- Legal Topics
- Extension of Time, Appeal Filing Requirements, Record of Appeal Service
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Ndirangu
Applicant
Mary Karanja
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to Serve Record of Appeal
Legal Issues
- 1 Whether the applicant should be granted an extension of time to serve the record of appeal.
- 2 Whether errors or delays by the applicant's advocates should be visited upon the applicant.
- 3 Whether the appeal is frivolous or has merit.
Ratio Decidendi
The court exercised its discretion under rule 4 of the Court of Appeal Rules to grant the applicant an extension of time to serve the record of appeal. The judge found that the applicant should not be punished for the errors of his advocates, particularly as there was no evidence of inactivity or lack of diligence on the applicant's part. The court also noted that the appeal had already been lodged and was not frivolous. Accordingly, the application was allowed, and the appeal was deemed to have been filed in time, subject to the applicant filing a supplementary record of appeal within seven days to include a copy of the ruling.
Court Disposition
application allowed
Orders
- Civil Appeal No. 226 of 2001 lodged on 30th August, 2001 is deemed to be filed in time.
- The applicant shall file within the next seven days a supplementary record of appeal to include a copy of this ruling.
Full Case Text
Judgment text and source record
17 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
CORAM: SHAH, J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. NAI. 314 OF 2001
BETWEEN
PETER NDIRANGU ..........................................APPLICANT
AND
MARY KARANJA .........................................RESPONDENT
(An application for extension of time to serve Record of Appeal from a judgment and decree of the High Court of Kenya at Nairobi (Ang'awa, J) dated 20th November, 2000
in
H.C.C.C. NO. 1572 OF 1999) ****************
R U L I N G
I am aware of the fact that many counsel are now beginning to realise that they do not have certified copies of proceedings and judgment to mount an appeal. These blunders have led to a lot of problems in that appeals have been struck out as the parties had no benefit of the provio to rule 81(1). I have carefully perused the application before me. I cannot say that the advocates have been inactive. The firm of Kamau Karoki & Company, Advocates were doing their bungling best to file the appeal. I would not want to punish the applicant for errors of advocates especially when the applicant is not aware of what is happening. I am told the appeal has already been lodged on 30th August, 2001. It is Civil Appeal No. 226 of 2001. I am not able to say that the appeal is frivolous. Using the discretion donated to me by rule 4 of the Rules of this Court I allow this application and order that Civil Appeal No. 226 of 2001 lodged on 30th August, 2001 is deemed to be filed in time. The applicant will, in that appeal, file within the next seven days supplementary record of appeal to include a copy of this ruling. I make no order as to costs.
Dated and delivered at Nairobi this 12th day of March, 2002.
A.B. SHAH
.................. JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR