[2007] KECA 146 (KLR)
The court found that the application for extension of time was made promptly after the previous appeal was struck out, with no evidence of delay or opposition from the respondents. Exercising its discretion, the court granted leave to file the notice and record of appeal out of time, emphasizing the absence of delay...
Source-derived case information.
- Citation
- [2007] KECA 146 (KLR)
- Parties
- Applicant: Republic; Respondent: Commissioner of Lands; Respondent: Chogoria Town Council; Respondent: The Land Registrar Meru South District; Ex Parte: Jediel Kinyua Naivasha; Ex Parte: John Ndwiga Njine
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Civil Application 150 of 2007
- Procedural Posture
- Miscellaneous Application / Application for Extension of Time to File Notice and Record of Appeal Out of Time
- Outcome
- application allowed
- Legal Topics
- Extension of Time, Appeals Process, Procedural Timelines
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Commissioner of Lands
Respondent
Chogoria Town Council
Respondent
The Land Registrar Meru South District
Respondent
Jediel Kinyua Naivasha
Ex Parte
John Ndwiga Njine
Ex Parte
Procedural Posture
Miscellaneous Application / Application for Extension of Time to File Notice and Record of Appeal Out of Time
Legal Issues
- 1 Whether the applicant should be granted extension of time to file notice and record of appeal out of time.
Ratio Decidendi
The court found that the application for extension of time was made promptly after the previous appeal was struck out, with no evidence of delay or opposition from the respondents. Exercising its discretion, the court granted leave to file the notice and record of appeal out of time, emphasizing the absence of delay and opposition as key factors.
Court Disposition
application allowed
Orders
- Leave granted to lodge the intended appeal out of time.
- Applicant to file the Notice of Appeal within 7 days of the ruling.
Full Case Text
Judgment text and source record
26 paragraphs
IN THE COURT OF APPEAL OF KENYA AT NYERI Civil Appli 150 of 2007
REPUBLIC ………………...…….……...…………..………………. APPLICANT
AND
COMMISSIONER OF LANDS …………………….……… 1ST RESPONDENT
CHOGORIA TOWN COUNCIL ……..……..……..……..… 2ND RESPONDENT
THE LAND REGISTRAR MERU SOUTH DISTRICT.….3RD RESPONDENT
JEDIEL KINYUA NAIVASHA
JOHN NDWIGA NJINE…………………...............................………. EX-PARTE
(Application for extension of time to file notice and record of appeal out of time in an
intended appeal from the ruling and order of the High Court of Kenya
Meru (Mulwa, J) dated 1st August, 2002 in H.C. Misc. Application No. 4 of 2002)
************************
R U L I N G
This application expressly seeks extension of time to lodge an intended appeal.
The respondents were duly served with the hearing notices but are absent.
Thus, the application is not opposed.
It is common ground that Civil Appeal No. 297 of 2002 was struck out on 16th May, 2007 and this application was lodged on 11th June, 2007. Thus there is no delay in lodging it.
In the result, I grant leave to lodge the intended appeal out of time.
The applicant shall file the Notice of Appeal within 7 days hereof and the Record of Appeal 21 days thereafter.
Costs of this application shall be in the intended appeal.
Dated and delivered at Nyeri this 2nd day of November, 2007.
P.K. TUNOI
…………………………
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR