[1999] KECA 166 (KLR)
The court exercised its discretion to grant the extension of time sought by the applicant because the previous appeal was struck out solely on the ground of non-service of the notice of appeal, and the application for extension was filed promptly thereafter. The respondent did not oppose the application, and the...
Source-derived case information.
- Citation
- [1999] KECA 166 (KLR)
- Parties
- Applicant: Samuel Muiruri Gichina; Respondent: Evanson Kimemia
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 162 of 1999
- Procedural Posture
- Extension of Time Application / Ruling on Application for Extension of Time to File Notice and Record of Appeal
- Outcome
- Application for extension of time allowed.
- Legal Topics
- Extension of Time, Appeal Procedure, Service of Notice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Muiruri Gichina
Applicant
Evanson Kimemia
Respondent
Procedural Posture
Extension of Time Application / Ruling on Application for Extension of Time to File Notice and Record of Appeal
Legal Issues
- 1 Whether the applicant should be granted an extension of time to file a notice of appeal and record of appeal after the previous appeal was struck out for non-service of the notice of appeal.
Ratio Decidendi
The court exercised its discretion to grant the extension of time sought by the applicant because the previous appeal was struck out solely on the ground of non-service of the notice of appeal, and the application for extension was filed promptly thereafter. The respondent did not oppose the application, and the court found no reason to deny the applicant the opportunity to pursue the appeal on its merits. The interests of justice favored granting the extension, subject to the timelines specified by the court.
Court Disposition
Application for extension of time allowed.
Orders
- Time for filing the notice of appeal is extended by seven days from the date of the ruling.
- The record of appeal shall be filed within twenty-one days from the date of filing the notice of appeal.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: KWACH, LAKHA & BOSIRE, JJ.A.) CIVIL APPEAL NO. 152 OF 1999 BETWEEN
SAMUEL MUIRURI GICHINA ................................APPLICANT AND EVANSON KIMEMIA .......................................RESPONDENT
(Application for extension of time to file a Notice of appeal and record of appeal from the judgment of the High Court of Kenya at Nakuru (Hon. Justice Nambuye) dated 27th May, 1994 in H.C.C.C No. 240 of 1990) ******************** R U L I N G
The applicant, Samuel Muiruri Gichina by way of Notice of Motion brought under rule 4of the Rules of this Court seeks for extension of time to enable him to file a notice of appeal and record of appeal against the Judgment of the superior court (Nambuye J.) given on 27th of May, 1994 in Nakuru H.C.C.C No. 240 of 1990.
A previous appeal C.A No. 28 of 1998 was struck out by this Court on 28th of June, 1998 on the ground that the Notice of appeal therein had not been served upon the respondent. Immediately thereafter, this application was filed on 1st of July, 1999. Mr. Waweru for the respondent does not object to the application
and in my view rightly so. In that regard, I hereby exercise my discretion underrule (4) of this Court's Rules and extend the time for filing the Notice of appeal by seven days from today's date and thereafter the record of appeal be filed within 21 (twenty one) days from the date of filing of the Notice of appeal. The costs of this application shall go to the respondent.
Dated and delivered at Nairobi this 13th day of July,
1999.
E. OWUOR ...............
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR