[2000] KECA 51 (KLR)
The court exercised its discretion to extend the time for filing the record of appeal to 4/8/99, the date when the payment of court fees was properly made. The absence of objection from the respondents and the fact that the payment of court fees was completed on that date were decisive factors. The court found that...
Source-derived case information.
- Citation
- [2000] KECA 51 (KLR)
- Parties
- Appellant: Simon Mugo; Respondent: Intra Africa Assurance Co. Ltd; Respondent: Association of Kenya Insurers; Respondent: Risk Shield Insurance Brokers
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 37 of 1999
- Procedural Posture
- Civil Appeal / Application for Extension of Time to File Record of Appeal
- Outcome
- Application for extension of time allowed.
- Judges
- AB Shah
- Legal Topics
- Extension of Time, Appeals Process, Court Fees
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Simon Mugo
Appellant
Intra Africa Assurance Co. Ltd
Respondent
Association of Kenya Insurers
Respondent
Risk Shield Insurance Brokers
Respondent
Procedural Posture
Civil Appeal / Application for Extension of Time to File Record of Appeal
Legal Issues
- 1 Whether the appellant should be granted an extension of time to file the record of appeal.
- 2 Whether the payment of court fees on 4/8/99 constituted proper compliance with filing requirements.
Ratio Decidendi
The court exercised its discretion to extend the time for filing the record of appeal to 4/8/99, the date when the payment of court fees was properly made. The absence of objection from the respondents and the fact that the payment of court fees was completed on that date were decisive factors. The court found that the interests of justice would be served by allowing the extension, and costs were reserved for the appeal.
Court Disposition
Application for extension of time allowed.
Orders
- Time to file the record of appeal is extended to 4/8/99, the date when court fees were properly paid.
- Costs in the appeal.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI
Civil Appeal 37 of 1999
SIMON MUGO..................................................................................................................................APPELLANT
AND
INTRA AFRICA ASSUARANCE CO. LTD
ASSOCIATION OF KENYA INSURERS
RISK SHIELD INSURANCE BROKERS...........................................................................RESPONDENTS
(An appeal from the Judgment/Decree of the High Court of Kenya at Nairobi (Ole Keiwua, J) dated 14th December, 1998
in
H.C.C.C. NO. 3313 OF 1990)
*******************
R U L I N G
Mr. Muli does not object to this application and in my view rightly so. I extend the time to file the record of appeal to 4/8/99 when the payment of court fees was properly made. Costs in the appeal.
Dated and delivered at Nairobi this 25th day of January, 2000.
A.B. SHAH
..................
JUDGE OF APPEAL
I certify that this isa true copy of the original.
DEPUTY REGISTRAR.