[1998] KECA 158 (KLR)
The court exercised its discretion to grant the applicant an extension of time to file a fresh notice of appeal and record of appeal, noting that there was no delay in bringing the application and that the original appeal was struck out due to a technical defect in the formal order. The absence of opposition from...
Source-derived case information.
- Citation
- [1998] KECA 158 (KLR)
- Parties
- Applicant: Peter Ng'ang'a Muiruri; Respondent: Credit Bank Ltd Formerly Credit Kenya Ltd; Respondent: Charles Ayako Nyachae Nyachae & Co. Advocates
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 288 of 1998
- Procedural Posture
- Civil Application / Application for Extension of Time Before Single Judge
- Outcome
- Application allowed.
- Legal Topics
- Extension of Time, Notice of Appeal, Record of Appeal, Appellate Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Ng'ang'a Muiruri
Applicant
Credit Bank Ltd Formerly Credit Kenya Ltd
Respondent
Charles Ayako Nyachae Nyachae & Co. Advocates
Respondent
Procedural Posture
Civil Application / Application for Extension of Time Before Single Judge
Legal Issues
- 1 Whether the applicant should be granted extension of time to file a fresh notice of appeal and record of appeal after the original appeal was struck out due to a formal defect.
Ratio Decidendi
The court exercised its discretion to grant the applicant an extension of time to file a fresh notice of appeal and record of appeal, noting that there was no delay in bringing the application and that the original appeal was struck out due to a technical defect in the formal order. The absence of opposition from the respondent and the promptness of the application justified the grant of the orders sought.
Court Disposition
Application allowed.
Orders
- A fresh notice of appeal against the ruling (order) of Aganyanya, J to be lodged within 10 days from the date of this ruling.
- The record of appeal to be lodged within 30 days thereafter.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: SHAH, J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. NAI. 288 OF 1998 (UR.110/98)
BETWEEN PETER NG'ANG'A MUIRURI ............................... APPLICANT
AND
CREDIT BANK LTD Formerly Credit Kenya Ltd
CHARLES AYAKO NYACHAE NYACHAE & CO. ADVOCATES .............................. RESPONDENTS
R U L I N GThe respondent is not offering the application, which is now before me. The applicant involves the jurisdiction of a single judge of this Court in seeking extension of time to lodge a fresh notice of appeal and record of appeal, his original appeal having been struck out on 3rd November, 1998 on account of the formal order not being properly drawn.
There has been no delay in filing this application and in the exercise of my discretion, I allow the application and order that a fresh notice of appeal, against the ruling (order) of Aganyanya, J be lodged within 10 days of to-day and the record of appeal be lodged within 30 days thereafter.
In this particular instance, I order that costs of this application be costs in the intended appeal. Dated and delivered at Nairobi this 23rd day of November, 1998.
A. B. SHAH ........................ JUDGE OF APPEAL I certify that this is a true copy of the original. DEPUTY REGISTRAR