[2008] KEHC 2547 (KLR)

[2008] KEHC 2547 (KLR)

The court exercised its discretion under Order XLIX of the Civil Procedure Rules, finding that the applicants' delay was excusable due to their being abroad in London. However, instead of the 60 days sought, the court granted a 30-day extension to comply with the order of 24.4.08, balancing the need for compliance...

Source-derived case information.

Citation
[2008] KEHC 2547 (KLR)
Parties
Plaintiff: Sajad Ali Bashir Ahmed Butt; Plaintiff: Hasina Sajad Ali Butt; Defendant: Jubilee Insurance Company Ltd.; Defendant: Josephat M. Gikonyo; Defendant: Nation Media Group Ltd.
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Case Number
Civil Suit 211 of 2007
Procedural Posture
Civil Suit / Ruling on Application for Extension of Time
Outcome
Application for extension of time partially allowed.
Legal Topics
Extension of Time, Court Discretion, Compliance With Orders
Source Language
en
Civil Procedure Extension of Time Court Discretion Compliance With Orders

Source-derived case record

Summary, issues, holding and outcome

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Parties

Sajad Ali Bashir Ahmed Butt

Plaintiff

Hasina Sajad Ali Butt

Plaintiff

Jubilee Insurance Company Ltd.

Defendant

Josephat M. Gikonyo

Defendant

Nation Media Group Ltd.

Defendant

Procedural Posture

Civil Suit / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the court should grant an extension of time to comply with the order of 24.4.08.
  2. 2 Whether the delay by the applicants was excusable.

Ratio Decidendi

The court exercised its discretion under Order XLIX of the Civil Procedure Rules, finding that the applicants' delay was excusable due to their being abroad in London. However, instead of the 60 days sought, the court granted a 30-day extension to comply with the order of 24.4.08, balancing the need for compliance with court orders and the circumstances of the applicants.

Court Disposition

Application for extension of time partially allowed.

Orders

  • Extension of 30 days granted to the plaintiffs to comply with the court order of 24.4.08.
  • Mention scheduled for 27.6.08.