[1998] KECA 69 (KLR)
The court found that the applicant acted promptly after its previous appeal was struck out and demonstrated a clear intention to pursue its right of appeal. There was no opposition from the respondent, who was duly served. In the exercise of its discretion, the court granted the orders sought, allowing the applicant...
Source-derived case information.
- Citation
- [1998] KECA 69 (KLR)
- Parties
- Applicant: Stallion Insurance Co. Ltd.; Respondent: Rosemary Olao
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Application 229 of 1997
- Procedural Posture
- Civil Application / Ruling on Motion for Leave to Appeal
- Outcome
- motion granted
- Legal Topics
- Leave to Appeal, Extension of Time, Appeal Struck Out
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stallion Insurance Co. Ltd.
Applicant
Rosemary Olao
Respondent
Procedural Posture
Civil Application / Ruling on Motion for Leave to Appeal
Legal Issues
- 1 Whether the applicant should be granted leave to file a fresh notice of appeal and record of appeal after the previous appeal was struck out.
- 2 Whether the applicant has demonstrated sufficient cause for the grant of the orders sought.
Ratio Decidendi
The court found that the applicant acted promptly after its previous appeal was struck out and demonstrated a clear intention to pursue its right of appeal. There was no opposition from the respondent, who was duly served. In the exercise of its discretion, the court granted the orders sought, allowing the applicant to file a fresh notice of appeal within seven days and the record of appeal within twenty-one days thereafter. Costs of the motion were ordered to be in the intended appeal.
Court Disposition
motion granted
Orders
- The notice of appeal must be filed within seven days of the date hereof.
- The record of appeal must be filed within twenty-one days from the date the notice of appeal is filed.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU (CORAM: OMOLO, J.A. (IN CHAMBERS) CIVIL APPLICATION NO. NAI 229 OF 1997 (KSM 28/97) BETWEEN
STALLION INSURANCE CO. LTD. ..........................APPLICANT AND ROSEMARY OLAO .............................................RESPONDENT
(Appeal from the Ruling and Order of the High Court of Kenya at Kakamega (Justice Tanui) dated 16th June, 1995 in H.C.C.C. NO. 593 OF 1993 R U L I N G
The applicant's previous appeal was struck out on the 18th June, 1997 and one week later this motion was filed. It is clear the applicant is anxious to pursue its rights of appeal. The advocates for the respondent were served with a hearing notice for today. They have not appeared to oppose the motion. I accordingly grant the motion and make the following orders:-
(i)The notice of appeal must be filed within seven days of the date hereof;
(ii)The record of appeal must be filed within twenty-one days from the date the notice of appeal is filed; and
(iii)The costs of this motion shall be in the intended appeal.
Dated and delivered at Kisumu this 27th day of March, 1998.
R. S. C. OMOLO
................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR.