[2003] KECA 84 (KLR)
The court exercised its discretion to extend the time for service of the notice of appeal, noting that the respondent did not oppose the application. The notice of appeal dated 2nd October, 2002 and lodged on 3rd October, 2002 was deemed to have been served in time, as the extension covered the actual date of...
Source-derived case information.
- Citation
- [2003] KECA 84 (KLR)
- Parties
- Applicant: The Director of Fisheries; Respondent: The Republic; Respondent: Wanainchi Marine Products Limited
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Malindi
- Jurisdiction
- Kenya
- Case Number
- ? 337 of 2002
- Procedural Posture
- Civil Application / Application for Extension of Time to Serve Notice of Appeal
- Outcome
- Application allowed. Time for service of notice of appeal extended to 16th October, 2002.
- 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
The Director of Fisheries
Applicant
The Republic
Respondent
Wanainchi Marine Products Limited
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 upon the respondent.
- 2 Whether the notice of appeal served on 16th October, 2002 can be deemed as properly served within the extended period.
Ratio Decidendi
The court exercised its discretion to extend the time for service of the notice of appeal, noting that the respondent did not oppose the application. The notice of appeal dated 2nd October, 2002 and lodged on 3rd October, 2002 was deemed to have been served in time, as the extension covered the actual date of service, 16th October, 2002. The absence of opposition and the interests of justice justified the grant of the extension.
Court Disposition
Application allowed. Time for service of notice of appeal extended to 16th October, 2002.
Orders
- The notice of appeal dated 2nd October, 2002 and lodged on 3rd October, 2002 is deemed to have been served in time as now extended.
- Time for service of the said notice is extended to the date when it was actually served on 16th October, 2002.
Full Case Text
Judgment text and source record
15 paragraphs
REPULIC OF KENYA
IN THE COURT OF APPEAL AT MOMBASA
CORAM: SHAH, J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. NAI 337 OF 2002
BETWEEN
THE DIRECTOR OF FISHERIES ..........................APPLICANT AND THE REPUBLIC ......................................RESPONDENT
EX-PARTE
WANAINCHI MARINE PRODUCTS LIMITED
(An application for extension of time to serve notice of appeal upon the respondent in an intended appeal from the ruling & order of the High Court of Kenya at Mombasa (Ouna J) dated 30th September, 2002
in
H.C.MISC.APPLN. NO. 428 OF 2002) **************** O R D E R
Wanainchi Marine Products Limited do not oppose this application. The order that I make is that the notice of appeal dated 2nd October, 2002 and lodged on 3rd October, 2002 is deemed to have been served in time as now extended by me, that is to say, the time for service of the said notice is extended to the date when it was actually served on 16th October, 2002. Wanainchi Marine Products Limited will have costs of this application to be taxed in the absence of agreement. Made at Mombasa this 27th day of January, 2003.
A. B. SHAH
--------------- JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR