[2002] KECA 140 (KLR)
The court exercised its discretion to allow the application for extension of time since the respondent did not oppose the application. The absence of opposition and the applicant's request for extension were sufficient grounds for the court to grant the orders sought. The court directed that a fresh notice of appeal...
Source-derived case information.
- Citation
- [2002] KECA 140 (KLR)
- Parties
- Applicant: Tawfiq Bus Services; Respondent: Thomas Akomo Ojunga (Suing as the Administrator of the Estate of John Osumba Were-Deceased)
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Application 192 of 2002
- Procedural Posture
- Civil Application / Application for Extension of Time to File Notice and Record of Appeal
- Outcome
- Application allowed.
- Legal Topics
- Extension of Time, Appeals Process, Notice of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Tawfiq Bus Services
Applicant
Thomas Akomo Ojunga (Suing as the Administrator of the Estate of John Osumba Were-Deceased)
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to File Notice and Record of Appeal
Legal Issues
- 1 Whether the applicant should be granted an extension of time to file and serve the notice of appeal and record of appeal out of time.
Ratio Decidendi
The court exercised its discretion to allow the application for extension of time since the respondent did not oppose the application. The absence of opposition and the applicant's request for extension were sufficient grounds for the court to grant the orders sought. The court directed that a fresh notice of appeal be lodged within seven days and a fresh record of appeal within thirty days of the notice. Costs were ordered to be in the intended appeal.
Court Disposition
Application allowed.
Orders
- A fresh notice of appeal to be lodged within seven days.
- A fresh record of appeal to be lodged within thirty days of the notice of appeal.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT KISUMU
CORAM: SHAH, J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. NAI.192 OF 2002 (KSM.19/02)
BETWEEN
TAWFIQ BUS SERVICES ..................................APPLICANT
AND
THOMAS AKOMO OJUNGA (Suing as the Administrator
of the Estate of JOHN OSUMBA WERE-DECEASED) .........RESPONDENT
(An application for extension of time to file and serve
notice of appeal and record of appeal out of time from
the decision of the High Court of Kenya at Kisumu (Mr.
Birech, Commissioner of Assize) dated 16th March, 2001
in
H.C.C.C. NO. 297 OF 1998)
************
R U L I N G
Miss Okal for the respondent is not opposing this application. I allow the application and order that a fresh notice appeal be lodged within the next seven (7) days and that a fresh record of appeal be lodged within 30 days of the lodgment of the notice of appeal. Costs of this application will be in the intended appeal.
Dated and delivered at Kisumu this 27th day of November, 2002.
A. B. SHAHJUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR