[1993] KECA 50 (KLR)
The court found that although the delay in filing the notice of appeal was inordinate, the applicant had provided a reasonable explanation, namely the need to seek instructions from Rwanda due to the foreign nature of the judgment. Exercising its discretion under Rule 4 of the Court of Appeal Rules, the court...
Source-derived case information.
- Citation
- [1993] KECA 50 (KLR)
- Parties
- Applicant: Societe de Transport Internationaux au Rwanda; Respondent: H. H. Abdi
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 46 of 1993
- Procedural Posture
- Civil Application / Application for Extension of Time to File Notice of Appeal
- Outcome
- application granted
- Legal Topics
- Extension of Time, Notice of Appeal, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Societe de Transport Internationaux au Rwanda
Applicant
H. H. Abdi
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to File Notice of Appeal
Legal Issues
- 1 Whether the applicant should be granted leave to file a notice of appeal out of time.
- 2 Whether the delay in filing the notice of appeal was inordinate and if it can be excused.
Ratio Decidendi
The court found that although the delay in filing the notice of appeal was inordinate, the applicant had provided a reasonable explanation, namely the need to seek instructions from Rwanda due to the foreign nature of the judgment. Exercising its discretion under Rule 4 of the Court of Appeal Rules, the court granted the application for extension of time and ordered that the notice of appeal filed on 16/17 March, 1993 be deemed to have been filed in time. The court further directed that the intended appeal be filed within 60 days from the date on which the notice of appeal was filed. Costs were ordered to be in the intended appeal.
Court Disposition
application granted
Orders
- The notice of appeal filed on 16/17 March, 1993 is deemed to have been filed in time.
- Time for filing the notice of appeal is extended up to 16/17 March, 1993.
Full Case Text
Judgment text and source record
2 paragraphs
IN THE COURT OF APPEAL AT NAIROBI CORAM: MULI, J.A. (IN CHAMBERS) CIVIL APPLICATION NO. NAI 46 OF 1993 BETWEEN SOCIETE DE TRANSPORT INTERNATIONAUX AU RWANDA .............................APPLICANT AND H. H. ABDI ............................................RESPONDENT Application for extension of time to file a Notice of Appeal in an intended appeal from a ruling of the High Court of Kenya at Nairobi (Mbito J) dated 17th February, 1993 in H.C.MISC.C.APPLN. NO. 911 OF 1991) *********************** R U L I N G
This is an application for leave to file Notice of appeal out of time. (Rule 4). Ruling about which the Notice of appeal relates was delivered on 17th February, 1993. The Notice of appeal was filed on 16th March, 1993. The actual judgment is a foreign judgment and instructions had to be sought from Rwanda. The delay is inordinate. I grant the application and order that the Notice of appeal filed on 16/17 March, 1993 be deemed to have been filed in time having extended the time for filing the Notice up to that date. The intended appeal be filed within 60 days from the date on which the notice of appeal was filed. Costs will be in the intended appeal. Dated and delivered at Nairobi this 2nd day of June, 1993. M.G. MULI JUDGE OF APPEAL I certify that this is a true copy of the original. DEPUTY REGISTRAR