[1997] KECA 299 (KLR)
The court found that the delay in filing the appeal was minimal (only one day) and that the respondents had not opposed the application, either by appearance or by filing an affidavit. In the absence of opposition and given the short delay, the court exercised its discretion to allow the application and extend the...
Source-derived case information.
- Citation
- [1997] KECA 299 (KLR)
- Parties
- Applicant: Solomon K. Njuguna; Respondent: Savings & Mortgages Kenya Ltd & Another
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 53 of 1996
- Procedural Posture
- Civil Appeal / Application for Extension of Time to File Appeal
- Outcome
- Application allowed. Time for filing the appeal extended to validate the already filed appeal. Costs in the appeal.
- Legal Topics
- Extension of Time, Appeals Process, Service of Documents
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Solomon K. Njuguna
Applicant
Savings & Mortgages Kenya Ltd & Another
Respondent
Procedural Posture
Civil Appeal / Application for Extension of Time to File Appeal
Legal Issues
- 1 Whether the applicant should be granted an extension of time to file the appeal.
- 2 Whether the absence of opposition from the respondent affects the outcome of the application.
Ratio Decidendi
The court found that the delay in filing the appeal was minimal (only one day) and that the respondents had not opposed the application, either by appearance or by filing an affidavit. In the absence of opposition and given the short delay, the court exercised its discretion to allow the application and extend the time for filing the appeal, thereby validating the already filed Civil Appeal No. 53 of 1996. Costs of the application were ordered to be costs in the appeal.
Court Disposition
Application allowed. Time for filing the appeal extended to validate the already filed appeal. Costs in the appeal.
Orders
- Time for filing the appeal is extended to validate Civil Appeal No. 53 of 1996.
- Costs of this application shall be costs in the appeal.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: OMOLO, J.A. (IN CHAMBERS)
(CIVIL APPEAL (APPLICATION) NO. 53 OF 1996
BETWEEN
SOLOMON K. NJUGUNA........................................APPLICANT
AND
SAVINGS & MORTGAGES KENYA LTD & ANOTHER.................RESPONDENTS
(Being an Appeal from the Ruling and Order of the High Court of Kenya at Nairobi Honourable Mr. Justice Andrew Isaac Hayanga dated 13th December, 1995 in Civil Case No. 1929 of 1988) *************** R U L I N G
It does not appear that the respondent opposes this application. His advocates were served and they are not here they have not filed any opposing affidavit. The appeal itself has been filed and the delay, I am told, was only for one day. In the circumstances, I allow the application and extend the time for filing the appeal and the extension shall be by such time as will validate Civil Appeal No. 53 of 96 which has already been filed. The costs of this application shall be costs in that appeal. Those shall be my orders.
Dated and delivered at Nairobi this 17th day of March, 1997. R.S.C. OMOLO .................. JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR