[2007] KECA 222 (KLR)
The court found that the applicant acted without delay in bringing the application for extension of time after the previous appeal was struck out. Since the respondents did not oppose the application and there was no evidence of prejudice or delay, the court exercised its discretion to grant the extension, allowing...
Source-derived case information.
- Citation
- [2007] KECA 222 (KLR)
- Parties
- Applicant: Republic; Respondent: Commissioner of Lands; Respondent: Chogoria Town Council; Respondent: 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
- Civil Application / Application for Extension of Time to File Notice and Record of Appeal
- Outcome
- Application allowed; extension of time granted.
- 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
Land Registrar, Meru South District
Respondent
Jediel Kinyua Naivasha
Ex Parte
John Ndwiga Njine
Ex Parte
Procedural Posture
Civil Application / Application for Extension of Time to File Notice and Record of Appeal
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 applicant acted without delay in bringing the application for extension of time after the previous appeal was struck out. Since the respondents did not oppose the application and there was no evidence of prejudice or delay, the court exercised its discretion to grant the extension, allowing the applicant to file the notice of appeal within 7 days and the record of appeal within 21 days thereafter.
Court Disposition
Application allowed; extension of time granted.
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
27 paragraphs
COURT OF APPEAL AT NYERI
CIVIL APPLICATION 150 OF 2007
REPUBLIC …………………………………………..………………. APPLICANT
AND
COMMISSIONER OF LANDS ……………….…………… 1ST RESPONDENT
CHOGORIA TOWN COUNCIL ………………..…..……… 2ND RESPONDENT
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 at Meru (Mulwa, J) dated 1st August, 2002inH.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