[2002] KECA 126 (KLR)
Despite the absence of a good reason for the applicant's failure to serve the notice of appeal within the prescribed time under rule 76 of the Court of Appeal Rules, the court exercised its discretion to grant an extension of time. The court considered the interests of justice and allowed the period for service to...
Source-derived case information.
- Citation
- [2002] KECA 126 (KLR)
- Parties
- Applicant: Salesio M'Aribu; Respondent: County Council
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nyeri
- Jurisdiction
- Kenya
- Case Number
- ? 351 of 2001
- Procedural Posture
- Civil Application / Application for Extension of Time
- Outcome
- Application for extension of time granted.
- Legal Topics
- Extension of Time, Service of Notice of Appeal, Court of Appeal Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Salesio M'Aribu
Applicant
County Council
Respondent
Procedural Posture
Civil Application / Application for Extension of Time
Legal Issues
- 1 Whether the applicant should be granted an extension of time to serve the notice of appeal despite non-compliance with rule 76 of the Court of Appeal Rules.
Ratio Decidendi
Despite the absence of a good reason for the applicant's failure to serve the notice of appeal within the prescribed time under rule 76 of the Court of Appeal Rules, the court exercised its discretion to grant an extension of time. The court considered the interests of justice and allowed the period for service to include the date when the notice was actually served on the respondent, thereby regularizing the late service. No order as to costs was made.
Court Disposition
Application for extension of time granted.
Orders
- Time for serving the notice of appeal is extended to include 21st September, 2001, when the notice was served on the respondent.
- No order as to costs.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL AT NYERI
CORAM: BOSIRE, J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. NAI. 351 OF 2001 (NYR.19/2001)
BETWEEN
SALESIO M'ARIBU ......................................APPLICANT
AND
COUNTY COUNCIL .......................................RESPONDENT
(Application for extension of time to serve Notice of Appeal from Judgment of the High Court (Mr. Justice Tuiyot) dated 13th August, 2001 in
H.C.C.C. NO. 444 OF 1991) ***************
R U L I N G Although, in view of the provisions of rule 76 , of the Court of Appeal Rules, there is no good reason for the applicant's failure to serve a notice of appeal in time, I am inclined to grant the applicant indulgence and will extend the time within which to serve a notice of appeal for such time as to include the 21st September, 2001 when the said notice was served on the respondent. I make no order as to costs.
Dated and delivered at Nyeri this 9th day of May, 2002.
S.E.O. BOSIRE ....................... JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR