[2002] KECA 143 (KLR)
The court found that there was no opposition to the application for amendment of the notice of motion and for extension of time to lodge a notice of appeal out of time. Given that the original appeal had been struck out as incompetent, and in the absence of any objection from the respondents, the court exercised its...
Source-derived case information.
- Citation
- [2002] KECA 143 (KLR)
- Parties
- Applicant: S.W. Njuguna; Applicant: N. Karanja; Applicant: J.M. Njoroge; Applicant: S.N. Timothy; Respondent: Mataara Tea Factory Co. Ltd; Respondent: E.G. Karanja; Respondent: John Karanja Kamamo; Respondent: James E. Watenga; Respondent: Francis M. Kimani; Respondent: David N. Wataki; Respondent: Sammy G. Chege; Respondent: Riaba Gachera; Respondent: KTDA
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 17 of 2001
- Procedural Posture
- Civil Application / Ruling on Application to Amend Notice of Motion and for Extension of Time
- Outcome
- Application allowed as prayed in prayer 1; costs to be respondents' in any event.
- Legal Topics
- Extension of Time, Appeal Procedure, Amendment of Pleadings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
S.W. Njuguna
Applicant
N. Karanja
Applicant
J.M. Njoroge
Applicant
S.N. Timothy
Applicant
Mataara Tea Factory Co. Ltd
Respondent
E.G. Karanja
Respondent
John Karanja Kamamo
Respondent
James E. Watenga
Respondent
Francis M. Kimani
Respondent
David N. Wataki
Respondent
Sammy G. Chege
Respondent
Riaba Gachera
Respondent
KTDA
Respondent
Procedural Posture
Civil Application / Ruling on Application to Amend Notice of Motion and for Extension of Time
Legal Issues
- 1 Whether the applicants should be granted leave to amend their notice of motion to include a prayer for extension of time to lodge a notice of appeal out of time.
- 2 Whether the applicants should be granted extension of time to file a notice of appeal and record of appeal out of time.
Ratio Decidendi
The court found that there was no opposition to the application for amendment of the notice of motion and for extension of time to lodge a notice of appeal out of time. Given that the original appeal had been struck out as incompetent, and in the absence of any objection from the respondents, the court exercised its discretion to allow the amendment and grant the extension of time as sought in prayer 1 of the application. The court further ordered that the costs of the application would be the respondents' in any event, and directed that the main application, as amended, may be set down for hearing.
Court Disposition
Application allowed as prayed in prayer 1; costs to be respondents' in any event.
Orders
- The application for amendment of the notice of motion is allowed as prayed in prayer 1.
- Extension of time to lodge notice of appeal out of time is granted.
Full Case Text
Judgment text and source record
25 paragraphs
IN THE COURT OF APPEAL AT NAIROBI
CORAM: SHAH, J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. NAI. 17 OF 2001
BETWEEN
1. S.W. NJUGUNA
2. N. KARANJA
3. J.M. NJOROGE
4. S.N. TIMOTHY ....................................APPLICANTS
AND
1. MATAARA TEA FACTORY CO. LTD
2. E.G. KARANJA
3. JOHN KARANJA KAMAMO
4. JAMES E. WATENGA
5. FRANCIS M. KIMANI
6. DAVID N. WATAKI
7. SAMMY G. CHEGE
8. RIABA GACHERA
9. KTDA ..........................................RESPONDENTS(An application seeking leave for the extension of time to file a memorandum and record of appeal in an intended apeal from a judgment of the High Court of Kenya at Nairobi (Githinji, J) dated 7th June, 2000
in
H.C.C.C. NO. 1287 OF 1999) *****************R U L I N G
Mr. Sichangi is, not opposing this application for amendment of the applicant's notice of motion dated 27th September, 2001 and lodged in Court on 1st day of February, 2002. The application seeks to add to the original application dated 31st January, 2001 an additional prayer seeking extension of time to lodge, out of time, notice of appeal, so that the applicant will eventually seek leave to lodge a notice of appeal and a record of appeal out of time.
It is common ground that original Civil Appeal NO. 188 of 2000 was struck out as incompetent. I allow this application as prayed in prayer 1 on the application. The costs of this applicaiton will be the respondents' in any event. The main application, as now amended, may be set down for hearing.
Dated and delivered at Nairobi this 2nd day of May, 2002. A.B. SHAH.................................. JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR