[2007] KECA 101 (KLR)
The court granted the application for extension of time as both parties, through their counsel, consented to the orders sought. The court exercised its discretion under the relevant procedural rules to validate the notice of appeal and allow service of the record of appeal out of time. The court also made an order...
Source-derived case information.
- Citation
- [2007] KECA 101 (KLR)
- Parties
- Applicant: Ruth Atieno Otiang'a; Respondent: Fidelia Wasgany Otiang'a; Respondent: Jacob Ochieng' Otiang'a
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Application 338 of 2006
- Procedural Posture
- Civil Application / Ruling on Application for Extension of Time
- Outcome
- Application for extension of time granted by consent of parties.
- Judges
- J Wakiaga
- Legal Topics
- Extension of Time, Service of Notice of Appeal, Record of Appeal Filing, Appellate Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ruth Atieno Otiang'a
Applicant
Fidelia Wasgany Otiang'a
Respondent
Jacob Ochieng' Otiang'a
Respondent
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the applicant should be granted an extension of time to validate the notice of appeal filed on 6th December, 2005.
- 2 Whether the applicant should be allowed to serve the record of appeal out of time.
Ratio Decidendi
The court granted the application for extension of time as both parties, through their counsel, consented to the orders sought. The court exercised its discretion under the relevant procedural rules to validate the notice of appeal and allow service of the record of appeal out of time. The court also made an order for costs in favour of the respondent, assessed at Kshs. 5,000.
Court Disposition
Application for extension of time granted by consent of parties.
Orders
- Time for serving the notice of appeal filed on 6th December, 2005 is extended to 27th January, 2006 and deemed properly served.
- The record of appeal shall be filed and served within 14 days from the date of this ruling.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL OF KENYA
AT KISUMU
Civil Appli 338 of 2006 (KSM 61/06)
RUTH ATIENO OTIANG’A ……………..........…………APPLICANT
AND
FEDELIA WASGANY OTIANG’A …….….………1ST RESPONDENT
JACOB OCHIENG’ OTIANG’A …….…………....2ND RESPONDENT
(An application for extension of time to validate a notice of appeal filed on 6th December, 2005 and to serve record of appeal out of time from the judgment and decree of the High Court of Kenya at Kisumu (Mr. Justice Mohammed Warsame) dated 24th November, 2005
in
H.C.C.S. NO. 196 OF 2002)
****************
R U L I N G
As both counsel agree that the application dated 26th October, 2006 be granted, it is hereby so ordered. The time for serving the notice of appeal filed on 6th December, 2005 is hereby extended to 27th of January, 2006 and is deemed to have been properly served. The record of appeal shall be filed and served within 14 days from the date of this ruling. Costs of the application shall be paid to the respondent and are assessed at Kshs. 5,000/=.
Made at Kisumu this 23rd day of March, 2007.
P. N. WAKI
………………………
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR