[1997] KECA 193 (KLR)
The court found that the applicants were prevented from filing their appeal in time due to a clerical error in the dating of the ruling by the judge. Recognizing that the error was not attributable to the applicants and that justice would be served by allowing them to proceed with their appeal, the court exercised...
Source-derived case information.
- Citation
- [1997] KECA 193 (KLR)
- Parties
- Applicant: T.H.H. Karim; Applicant: Isa Abuya; Respondent: Margaret Wambui Oigo
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 169 of 1997
- Procedural Posture
- Civil Application / Application for Further Extension of Time to File Record of Appeal
- Outcome
- Application allowed. Extension of time granted.
- Judges
- AB Shah
- Legal Topics
- Extension of Time, Appeal Procedure, Filing Out of Time
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
T.H.H. Karim
Applicant
Isa Abuya
Applicant
Margaret Wambui Oigo
Respondent
Procedural Posture
Civil Application / Application for Further Extension of Time to File Record of Appeal
Legal Issues
- 1 Whether the applicants should be granted a further extension of time to file the notice and record of appeal out of time due to an error in the dating of a previous ruling.
Ratio Decidendi
The court found that the applicants were prevented from filing their appeal in time due to a clerical error in the dating of the ruling by the judge. Recognizing that the error was not attributable to the applicants and that justice would be served by allowing them to proceed with their appeal, the court exercised its discretion to grant a further extension of time for filing the notice and record of appeal. The court emphasized that procedural errors by the court should not prejudice a party's right to appeal.
Court Disposition
Application allowed. Extension of time granted.
Orders
- Time for filing of notice of appeal extended by 7 days from today.
- Record of appeal to be filed within 15 days of filing the notice of appeal.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: SHAH, J.A. (IN CHAMBERS))
CIVIL APPLICATION NO. NAI 169 OF 1997
BETWEEN
1. T.H.H. KARIM
2. ISA ABUYA......................................APPLICANTS
AND
MARGARET WAMBUI OIGO................RESPONDENT
(Application for further extension of time to file record of appeal out of time in an intended appeal from a judgment of the High Court of Kenya at Nairobi (Hon Mr Justice Butler-Sloss) dated 19th June, 1989
in
H.C.C.S. NO. 1811 OF 1988) ***********
R U L I N G
It is quite obvious that as a result of wrong dating by me of the ruling dated "8th October, 1996" the appeal filed as a result of that ruling, being C.A. No.259 of 1996 was struck out. The said ruling ought to have actually been dated 8th November, 1996. In these circumstances I order that the time for filing of notice of appeal be extended by a period of 7 days from to-day and that the record of appeal be filed within 15 days of filing of the notice of appeal. I make no order as to costs of this application.
Dated and delivered at Nairobi this 7th day of October, 1997.
A. B. SHAH
..............................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR