[1997] KECA 153 (KLR)
The court found that the delay in serving the Notice of Appeal was only four days and was not inordinate. Exercising its discretion under rule 4 of the Court of Appeal Rules, the court granted the extension of time up to 2nd November, 1996. The court also ordered that the respondent be awarded costs assessed at KES...
Source-derived case information.
- Citation
- [1997] KECA 153 (KLR)
- Parties
- Applicant: Rahab Wambui Waweru; Respondent: Watahi Kairu
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 150 of 1997
- Procedural Posture
- Civil Application / Application for Extension of Time to Serve Notice of Appeal
- Outcome
- Application allowed. Extension of time granted.
- Legal Topics
- Extension of Time, Service of Notice, Appeals Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rahab Wambui Waweru
Applicant
Watahi Kairu
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to Serve Notice of Appeal
Legal Issues
- 1 Whether the applicant should be granted an extension of time to serve the Notice of Appeal on the respondent.
- 2 Whether the delay in serving the Notice of Appeal was inordinate.
Ratio Decidendi
The court found that the delay in serving the Notice of Appeal was only four days and was not inordinate. Exercising its discretion under rule 4 of the Court of Appeal Rules, the court granted the extension of time up to 2nd November, 1996. The court also ordered that the respondent be awarded costs assessed at KES 1,500, payable within seven days, failing which execution would issue.
Court Disposition
Application allowed. Extension of time granted.
Orders
- Time for service of the Notice of Appeal extended up to 2nd November, 1996.
- Respondent awarded costs assessed at KES 1,500, payable within 7 days, in default execution to issue.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: KWACH, J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. NAI. 150 OF 1997
BETWEENRAHAB WAMBUI WAWERU..........................APPLICANTANDWATAHI KAIRU.........................................RESPONDENT(Application for leave to serve Notice of Appeal upon the Respondent out of time in an intended appeal from a judgment of the High Court of Kenya at Nairobi (Justice Khamoni)dated 15th November, 1996
in
H.C.C.C. NO. 3191 OF 1981 (OS) *****************R U L I N G
This is an application under rule 4 of the Court of Appeal Rules for extension of time to serve the Notice of Appeal on the respondent. It was served on 2nd November, 12996, some 4 days late.
The delay involved is not inordinate. I extend time for service up to 2nd November, 1996. The respondent will have his costs assessed at Shs. 1500/-, to be paid within 7 days and in default execution to issue.
Dated and delivered at Nairobi this 24th day of October, 1997.
R. O. KWACH............................JUDGE OF APPEALDEPUTY REGISTRAR
I certify that this is a true copy of the original