[1999] KECA 105 (KLR)
The court found that the applicants had demonstrated problems in obtaining documents from the registry of the superior court, which constituted sufficient cause for the delay. Exercising its discretion, the court allowed the application as prayed in the second prayer, deeming the notice of appeal filed on 14th...
Source-derived case information.
- Citation
- [1999] KECA 105 (KLR)
- Parties
- Applicant: Samson Mwakitindi Ismail S. Yusuf; Applicant: I.S. Yusuf Transporters; Respondent: Eric Isayi Shalinga (an infant suing by his next friend Mary Shamte); Respondent: Arvey E. Robins and the Uniton National Bank of Pittsburg (both suing as Co-executors of the Estates of Burton L. Rapport and Giesela L. Rapport); Respondent: Zablon Changawa; Respondent: Angwarali & Brothers
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 313 of 1997
- Procedural Posture
- Civil Application / Application for Extension of Time to File and Serve Notice of Appeal and Record of Appeal Out of Time
- Outcome
- Application allowed. Extension of time granted.
- Judges
- AB Shah
- Legal Topics
- Extension of Time, Appeals Process, Filing Requirements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samson Mwakitindi Ismail S. Yusuf
Applicant
I.S. Yusuf Transporters
Applicant
Eric Isayi Shalinga (an infant suing by his next friend Mary Shamte)
Respondent
Arvey E. Robins and the Uniton National Bank of Pittsburg (both suing as Co-executors of the Estates of Burton L. Rapport and Giesela L. Rapport)
Respondent
Zablon Changawa
Respondent
Angwarali & Brothers
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to File and Serve Notice of Appeal and Record of Appeal Out of Time
Legal Issues
- 1 Whether the applicants should be granted an extension of time to file and serve the notice of appeal and record of appeal out of time.
- 2 Whether difficulties in obtaining documents from the registry constitute sufficient cause for extension.
Ratio Decidendi
The court found that the applicants had demonstrated problems in obtaining documents from the registry of the superior court, which constituted sufficient cause for the delay. Exercising its discretion, the court allowed the application as prayed in the second prayer, deeming the notice of appeal filed on 14th November 1997 to be filed in time and granting 30 days from the date of the ruling to lodge the record of appeal. The court also ordered that the first and second respondents have the costs of the application in any event.
Court Disposition
Application allowed. Extension of time granted.
Orders
- The notice of appeal filed on 14th November 1997 is deemed to be filed in time.
- The record of appeal shall be lodged within 30 days of the date of this ruling.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CORAM: SHAH J.A. (IN CHAMBERS) CIVIL APPLICATION NO. NAI 313 OF 1997 BETWEEN
1. SAMSON MWAKITINDI ISMAIL S. YUSUF 2. I.S. YUSUF TRANSPORTERS.............................APPLICANTS AND 1. ERIC ISAYI SHALINGA an infant suing by his respondents, next friend MARY SHAMTE 2. ARVEY E. ROBINS and the UNITON NATIONAL BANK OF PITTSBURG (both suing as Co-executors of the Estates of Burton L. Rapport and Giesela L. Rapport 3. ZABLON CHANGAWA 4. ANGWARALI & BROTHERS...............................RESPONDENTS
(An application for extension of time to file and serve a notice of appeal and record of appeal out of time in an intended appeal from a decree of the High Court of Kenya at Nairobi (Mr. Justice Sloss) dated 25/4/90 in
H.C.C.C. NOS 856/85 & 467 OF 1986) ********************** R U L I N G
As this application is being opposed, and as the facts point to problems of obtaining documents from the registry of the superior court for inclusion in the record of appeal, I allow this application as prayed in the second prayer that is to say that the notice of appeal filed on 14th day of November, 1997 be deemed to be filed in time and that the record of appeal be lodged within 30 days of the date hereof. The first and second respondents do have costs of this application in any event.
Dated and delivered at Nairobi this 23rd day of June, 1999.
A.B. SHAH
............
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR.