[1997] KECA 366 (KLR)
The court found that the circumstances of the case justified the exercise of its unfettered discretion to extend the time for filing the Notice of Appeal and Record of Appeal. The applicant was granted 7 days to file the Notice of Appeal and 30 days thereafter to file the Record of Appeal. The court considered the...
Source-derived case information.
- Citation
- [1997] KECA 366 (KLR)
- Parties
- Applicant: Spinners and Spinners Ltd; Respondent: Mary Namaemba
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 13 of 1997
- Procedural Posture
- Civil Application / Ruling on Extension of Time
- Outcome
- application_allowed
- Legal Topics
- Extension of Time, Appeals Process, Discretion of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Spinners and Spinners Ltd
Applicant
Mary Namaemba
Respondent
Procedural Posture
Civil Application / Ruling on Extension of Time
Legal Issues
- 1 Whether the applicant has demonstrated sufficient cause for extension of time to file a Notice of Appeal and Record of Appeal.
Ratio Decidendi
The court found that the circumstances of the case justified the exercise of its unfettered discretion to extend the time for filing the Notice of Appeal and Record of Appeal. The applicant was granted 7 days to file the Notice of Appeal and 30 days thereafter to file the Record of Appeal. The court considered the application on its merits and determined that it was a fit and proper case for the extension sought. Costs were ordered to abide the outcome of the intended appeal.
Court Disposition
application_allowed
Orders
- Time for filing Notice of Appeal extended by 7 days from the date of the ruling.
- Time for filing Record of Appeal extended by 30 days thereafter.
Full Case Text
Judgment text and source record
10 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: LAKHA, J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. NAI. 13 OF 1997
BETWEENSPINNERS AND SPINNERS LTD.............................APPLICANTANDMARY NAMAEMBA.............................................RESPONDENTR U L I N G
In the circumstances I am satisfied that this is a fit and a proper case for the exercise of my unfettered discretion to extend the time sought. Notice of Appeal within 7 days and Record of Appeal within 30 days thereafter as requested by Mr. Mutinda for the applicant. Costs to abide the intended appeal.
Dated and delivered at Nairobi this 11th day of June, 1997.
A.A. LAKHA.............................JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR