[2000] KECA 195 (KLR)
The court considered the reasons advanced by the applicant for the delay in filing the Memorandum of Appeal and Record of Appeal. Finding the reasons satisfactory and noting the absence of opposition from the respondents, the court exercised its discretion in favour of the applicant. The application for extension of...
Source-derived case information.
- Citation
- [2000] KECA 195 (KLR)
- Parties
- Applicant: Rehema Adhiambo Majan; Respondent: Fanuel Obwaro; Respondent: Akamba Public Road Services Ltd.
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 144 of 2000
- Procedural Posture
- Civil Application / Application for Extension of Time to File Memorandum and Record of Appeal
- Outcome
- application allowed
- Legal Topics
- Extension of Time, Appeals Process, Discretion of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rehema Adhiambo Majan
Applicant
Fanuel Obwaro
Respondent
Akamba Public Road Services Ltd.
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to File Memorandum and Record of Appeal
Legal Issues
- 1 Whether the applicant should be granted leave to file the Memorandum of Appeal and Record of Appeal out of time.
Ratio Decidendi
The court considered the reasons advanced by the applicant for the delay in filing the Memorandum of Appeal and Record of Appeal. Finding the reasons satisfactory and noting the absence of opposition from the respondents, the court exercised its discretion in favour of the applicant. The application for extension of time was therefore allowed, permitting the applicant to file the necessary documents within 21 days from the date of the ruling. Costs of the application were ordered to abide the outcome of the intended appeal.
Court Disposition
application allowed
Orders
- The applicant is granted leave to file the Memorandum of Appeal and Record of Appeal within 21 days from the date of this ruling.
- Costs of the application will abide the intended appeal.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
CORAM: O'KUBASU J.A (IN CHAMBERS)
CIVIL APPLICATION NO. NAI 144 OF 2000
BETWEEN
REHEMA ADHIAMBO MAJAN ............................. APPLICANT
AND
FANUEL OBWARO ...........................................1STRESPODENT AKAMBA PUBLIC ROAD SERVICES LTD. ...........2ND RESPONDENT
(An application for leave to file Memorandum of Appealand Record of Appeal out of time in an intended Appeal from the judgment of the High Court of Kenya at Nairobi (The Hon. Lady Justice Mary Angawa) dated 27th day of April, 1999 in H.C.C. NO. 1225 OF 1993) *****************
R U L I N G
This is an application for extension of time in which to file Memorandum of Appeal and Record of Appeal. Mr. Kosgey for the respondents did not wish to oppose the application. I have considered the reasons given for the delay and am satisfied that this is a proper case in which I should exercise my discretion in favour of the applicant. Hence this application is allowed and the applicant is to file the Memorandum of Appeal and Record of Appeal within 21 days from the date of this ruling. Costs of the application will abide the intended appeal.
Dated and delivered at Nairobi this 12th day of October, 2000.
E. O. O'KUBASU
............
JUDGE OF APPEAL
I certify that this is
a true copy of the original.
DEPUTY REGISTRAR