[2002] KECA 137 (KLR)
The court found that there was no objection from the respondents to the application for extension of time, and no prejudice would be suffered by granting the extension. Exercising its discretion, the court allowed the application and directed the applicant to file the record of appeal by the end of November 2002....
Source-derived case information.
- Citation
- [2002] KECA 137 (KLR)
- Parties
- Applicant: Priscilla Nyawira Gitungu; Respondent: Kabitu Kanja; Respondent: George Kariuki Kabugu; Respondent: Samuel Gathecha Mbuthia
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nyeri
- Jurisdiction
- Kenya
- Case Number
- ? 214 of 2002
- Procedural Posture
- Extension of Time Application / Ruling on Application for Extension of Time to Lodge Record of Appeal
- Outcome
- Application allowed. Extension of time granted to file record of appeal.
- Legal Topics
- Extension of Time, Appeals Process, Record of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Priscilla Nyawira Gitungu
Applicant
Kabitu Kanja
Respondent
George Kariuki Kabugu
Respondent
Samuel Gathecha Mbuthia
Respondent
Procedural Posture
Extension of Time Application / Ruling on Application for Extension of Time to Lodge Record of Appeal
Legal Issues
- 1 Whether the applicant should be granted an extension of time to lodge the record of appeal out of time.
Ratio Decidendi
The court found that there was no objection from the respondents to the application for extension of time, and no prejudice would be suffered by granting the extension. Exercising its discretion, the court allowed the application and directed the applicant to file the record of appeal by the end of November 2002. Costs were reserved for the intended appeal.
Court Disposition
Application allowed. Extension of time granted to file record of appeal.
Orders
- The applicant shall file the record of appeal by the end of November, 2002.
- Costs will be in the intended appeal.
Full Case Text
Judgment text and source record
7 paragraphs
IN THE COURT OF APPEAL AT NYERI CORAM: SHAH J.A (IN CHAMBERS) CIVIL APPLICATION NO. NAI. 214 OF 2002 (NYR 24/2002) BETWEEN PRISCILLA NYAWIRA GITUNGU………………………… APPLICANT AND KABITU KANJA ……………. ………….…….….…) 1ST RESPONDENT GEORGE KARIUKI KABUGU………………….…..) 2ND RESPONDENT SAMUEL GATHECHA MBUTHIA …………………) 3RD RESPONDENT (Application for extension of time in an intended appeal from a judgment and decree of the High Court of Kenya at Nyeri (Juma, J) dated 27. 2.2002. in H.C.C.C. NO. 56 OF 1985) ***************** R U L I N G
Mr. A.J. Kariuki for the second and third respondents does not object to the application now before me for extension of time to lodge a record of appeal out of time. The first respondent who appears in person is content to leave the matter in my hands subject to what Mr. Kariuki has to say. I see no prejudice which could be suffered by the respondents if the application is allowed. In the circumstances I allow the application and direct that the applicant does file the record of appeal by the end of November, 2002. Costs will be in the intended appeal.
Dated and delivered at Nyeri this 31st day of October, 2002.
A.B. SHAH ----------------- JUDGE OF APPEAL
I certify that this is a true copy of
the original.
DEPUTY REGISTRAR