[2013] KEHC 933 (KLR)

[2013] KEHC 933 (KLR)

The court exercised its discretion to allow the application for leave to file an intended appeal out of time, noting that the application was unopposed by the respondents. The absence of opposition and the applicant's compliance with procedural requirements justified granting the orders sought. The court further...

Source-derived case information.

Citation
[2013] KEHC 933 (KLR)
Parties
Applicant: Stephen Kubai Lyria; Respondent: Francis Nkubitu Thiauru; Respondent: 2 Others
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Case Number
Miscellaneous Application 71 of 2013
Procedural Posture
Miscellaneous Application / Ruling on Unopposed Application
Outcome
application allowed
Legal Topics
Leave to Appeal, Extension of Time, Unopposed Application
Source Language
en
Civil Procedure Leave to Appeal Extension of Time Unopposed Application

Source-derived case record

Summary, issues, holding and outcome

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Parties

Stephen Kubai Lyria

Applicant

Francis Nkubitu Thiauru

Respondent

2 Others

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Unopposed Application

Legal Issues

  1. 1 Whether the applicant should be granted leave to file an intended appeal out of time.

Ratio Decidendi

The court exercised its discretion to allow the application for leave to file an intended appeal out of time, noting that the application was unopposed by the respondents. The absence of opposition and the applicant's compliance with procedural requirements justified granting the orders sought. The court further directed that the intended appeal be filed within 45 days from the date of the ruling, and that costs of the application would be in the cause.

Court Disposition

application allowed

Orders

  • The application is allowed.
  • The intended appeal should be filed within 45 days of the date of this ruling.