[2001] KECA 67 (KLR)
The court exercised its discretion to grant the extension of time for filing and serving the notice of appeal and record of appeal, primarily because the application was unopposed and the circumstances justified such an order. The absence of opposition from the respondent and the facts presented led the court to...
Source-derived case information.
- Citation
- [2001] KECA 67 (KLR)
- Parties
- Applicant: Praying Mantis Ltd.; Respondent: James Onyango t/a Nyaluyo Auctioneers
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Application 133 of 2001
- Procedural Posture
- Civil Application / Application for Extension of Time to File and Serve Notice and Record of Appeal
- Outcome
- Application allowed. Extension of time granted.
- Legal Topics
- Extension of Time, Appeals Process, Court Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Praying Mantis Ltd.
Applicant
James Onyango t/a Nyaluyo Auctioneers
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to File and Serve Notice and Record of Appeal
Legal Issues
- 1 Whether the applicant should be granted an extension of time to file and serve the notice of appeal and record of appeal out of time.
Ratio Decidendi
The court exercised its discretion to grant the extension of time for filing and serving the notice of appeal and record of appeal, primarily because the application was unopposed and the circumstances justified such an order. The absence of opposition from the respondent and the facts presented led the court to find it appropriate to allow the application, ensuring that the applicant is not unduly prejudiced in pursuing the appeal. The court also awarded costs of the motion to the respondent as agreed.
Court Disposition
Application allowed. Extension of time granted.
Orders
- Time to file and serve a notice of appeal is extended by 10 days from the date of the ruling.
- Time to file and serve a record of appeal is extended by 30 days thereafter.
Full Case Text
Judgment text and source record
7 paragraphs
REPULIC OF KENYA
IN THE COURT OF APPEAL AT KISUMU(CORAM: BOSIRE, J.A. (IN CHAMBERS) CIVIL APPLICATION NO. NAI. 133 OF 2001 (KSM.17/2001)BETWEENPRAYING MANTIS LTD. ......................................................... APPLICANTANDJAMES ONYANGO T/A NYALUOYO AUCTIONEERS ................RESPONDENT(An application to file and serve notice of appeal and record of appeal out of time from the Judgment and Order of the High Court of Kenya at Kisumu (Justice Wambilyangah)dated 23rd day of September, 1997 in H.C.C.A. NO. 64 OF 1996) ************R U L I N G
This is an application under rule 4 of the Rules of this Court for an extension of time within which to file and serve the Notice of Appeal and Record of Appeal against the judgment and order of the superior court in its Civil Appeal No. 64 of 1996.
As Mr. Kasamani for the respondent does not oppose the application and considering the facts and circumstances of the matter, I am inclined to exercise my discretion in favour of extending the time. I accordingly extend the time within which to file and serve a Notice of Appeal by 10 days from the date hereof and a record of appeal by 30 days thereafter.
The respondent shall have the costs of the motion agreed at Kshs.5,000/=. Dated and delivered at Kisumu this 19th day of June, 2001.
S. E. O. BOSIRE ................. JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR.