[2002] KECA 112 (KLR)
The court found that the applicant's advocate made a bona fide mistake in drafting the notice of appeal, which constituted sufficient cause for the exercise of judicial discretion to extend time. The absence of any prejudice to the respondent further supported the grant of the application. The court allowed the...
Source-derived case information.
- Citation
- [2002] KECA 112 (KLR)
- Parties
- Applicant: Richard Kanyago; Applicant: Express Kenya Limited; Applicant: Peter Kanyago; Respondent: David Mukii Mereke
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 434 of 2001
- Procedural Posture
- Civil Application / Application for Extension of Time to File Appeal Documents
- Outcome
- application allowed
- Legal Topics
- Extension of Time, Appeal Procedure, Mistake of Counsel
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Richard Kanyago
Applicant
Express Kenya Limited
Applicant
Peter Kanyago
Applicant
David Mukii Mereke
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to File Appeal Documents
Legal Issues
- 1 Whether the applicants should be granted an extension of time to file and serve the Notice of Appeal, Memorandum of Appeal, and Record of Appeal.
- 2 Whether the mistake by the applicant's advocate constitutes sufficient cause for extension of time.
Ratio Decidendi
The court found that the applicant's advocate made a bona fide mistake in drafting the notice of appeal, which constituted sufficient cause for the exercise of judicial discretion to extend time. The absence of any prejudice to the respondent further supported the grant of the application. The court allowed the application, permitting the filing of the Notice of Appeal within 7 days and the record of appeal within 21 days thereafter, with costs to abide the outcome of the appeal.
Court Disposition
application allowed
Orders
- Applicants to file and serve Notice of Appeal within 7 days.
- Applicants to file and serve Record of Appeal within 21 days thereafter.
Full Case Text
Judgment text and source record
19 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
CORAM: LAKHA, J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. NAI. 434 OF 2001
BETWEEN
RICHARD KANYAGO
EXPRESS KENYA LIMITED
PETER KANYAGO ..............................................APPLICANTS
AND
DAVID MUKII MEREKA ....................................RESPONDENT
(Being an application for extension of time to file and serve Notice of Appeal, Memorandum of Appeal and Record of Appeal from the Judgment of the High Court of Kenya at Nairobi (Mr. Justice Osiemo) dated 6th February, 2001
in
H.C.C.C. NO. 78 OF 2000)
************
R U L I N G
Mr. Majanja for the applicant has explained why there was a mistake on his part in the drafting of the notice of appeal. I am satisfied it is a bona fide mistake on his part and accept his explanation. I am inclined to hold that this is a fit case for the exercise of my discretion. It has not been urged that there is any prejudice. Application allowed. Notice of Appeal within 7 days and record within 21 days thereafter. Costs to abide the appeal.
Made at Nairobi this 23rd day of July, 2002.
A. A. LAKHA .................. JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR