[1997] KECA 194 (KLR)

[1997] KECA 194 (KLR)

The court allowed the application because it was not opposed by the respondents, and the concession by the respondent was found to be appropriate. The court exercised its discretion to grant leave for the applicants to file a fresh notice of appeal within seven days and the record of appeal within twenty-one days...

Source-derived case information.

Citation
[1997] KECA 194 (KLR)
Parties
Applicant: Samuel Mwangi Kariuki; Applicant: Beth Waithira Gatimu; Respondent: Teresia Wanjiru Kamau; Respondent: Kamau Macharia
Court
Court of Appeal
Court Station
Court of Appeal at Nairobi
Jurisdiction
Kenya
Case Number
? 161 of 1996
Procedural Posture
Civil Application / Ruling on Unopposed Application for Extension of Time
Outcome
Application allowed. Leave granted to file fresh notice of appeal and record of appeal out of time. Costs awarded to respondent.
Judges
AB Shah
Legal Topics
Extension of Time, Notice of Appeal, Record of Appeal, Costs Award
Source Language
en
Civil Procedure Extension of Time Notice of Appeal Record of Appeal Costs Award

Source-derived case record

Summary, issues, holding and outcome

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Parties

Samuel Mwangi Kariuki

Applicant

Beth Waithira Gatimu

Applicant

Teresia Wanjiru Kamau

Respondent

Kamau Macharia

Respondent

Procedural Posture

Civil Application / Ruling on Unopposed Application for Extension of Time

Legal Issues

  1. 1 Whether the applicants should be granted leave to file a fresh notice of appeal and record of appeal out of time.
  2. 2 Whether the respondent is entitled to costs of the application.

Ratio Decidendi

The court allowed the application because it was not opposed by the respondents, and the concession by the respondent was found to be appropriate. The court exercised its discretion to grant leave for the applicants to file a fresh notice of appeal within seven days and the record of appeal within twenty-one days thereafter. The respondent was awarded costs of the application, to be taxed if not agreed, in line with standard practice when an application is conceded.

Court Disposition

Application allowed. Leave granted to file fresh notice of appeal and record of appeal out of time. Costs awarded to respondent.

Orders

  • The applicants shall file a fresh notice of appeal within seven days.
  • The applicants shall file the record of appeal within twenty-one days thereafter.