[2000] KECA 343 (KLR)
The court found that the delay between the applicant's discovery of the failure to serve the notice of appeal and the filing of the application for extension was considerable and inordinate. The applicant failed to provide a satisfactory explanation for this delay. The absence of a reasonable explanation for the...
Source-derived case information.
- Citation
- [2000] KECA 343 (KLR)
- Parties
- Applicant: Seline Anjeline Aduogo; Respondent: The Co-operative Bank of Kenya Ltd.
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Application 263 of 2000
- Procedural Posture
- Civil Application / Ruling on Application for Extension of Time
- Outcome
- application dismissed with costs
- Legal Topics
- Extension of Time, Notice of Appeal, Service of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Seline Anjeline Aduogo
Applicant
The Co-operative Bank of Kenya Ltd.
Respondent
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the applicant has provided a satisfactory explanation for the delay in serving the notice of appeal and lodging the record of appeal out of time.
Ratio Decidendi
The court found that the delay between the applicant's discovery of the failure to serve the notice of appeal and the filing of the application for extension was considerable and inordinate. The applicant failed to provide a satisfactory explanation for this delay. The absence of a reasonable explanation for the delay precluded the court from exercising its discretion in favour of the applicant. Consequently, the application for extension of time was dismissed with costs.
Court Disposition
application dismissed with costs
Orders
- The application for extension of time is dismissed with costs.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU (CORAM: LAKHA, J.A. (IN CHAMBERS)) CIVIL APPLICATION NO. NAI. 263 OF 2000
BETWEEN
SELINE ANJELINE ADUOGO .............................................. APPLICANT
AND
THE CO-OPERATIVE BANK OF KENYA LTD. ....................RESPONDENT
(An Application for extension of time to serve a Notice of
Appeal upon the Respondent and to lodge the record of
Appeal out of time from the Ruling of the High Court of
Kenya at Kisumu (Mr. Justice Wambilyanga) dated 12th May,
2000
in
H.C.C.C. NO. 11 OF 2000)
*******************
R U L I N G
This is yet another application for extension. Since the discovery by the applicant that there had been no service of the notice of appeal to the time of filing of this application the time taken by the applicant is considerable and constitutes, in my judgment, inordinate delay which unfortunately has not been satisfactorily explained. Where there is no explanation for delay, there can be no indulgence.
Having regard to all the circumstances I decline to exercise my discretion in favour of the applicant. In view of this it is unecessary to consider the other points raised. The application fails and is dismissed with costs.
Dated and delivered at Kisumu this 22nd day of November, 2000.
A.A. LAKHA ...................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR