[2000] KECA 369 (KLR)
The court found that the applicants acted promptly in bringing the application for extension of time, as there was no undue delay between the striking out of the previous appeal and the filing of the present motion, especially considering the intervening Christmas vacation. The court held that the mistakes...
Source-derived case information.
- Citation
- [2000] KECA 369 (KLR)
- Parties
- Applicant: Thika Municipal Council; Applicant: Joseph Muthuku Kamweru; Respondent: Jane Nyambura
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 2 of ??
- Procedural Posture
- Civil Application / Application for Extension of Time to File Notice of Appeal and Record of Appeal
- Outcome
- Application allowed.
- Legal Topics
- Extension of Time, Appeals Process, Procedural Default
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Thika Municipal Council
Applicant
Joseph Muthuku Kamweru
Applicant
Jane Nyambura
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to File Notice of Appeal and Record of Appeal
Legal Issues
- 1 Whether the applicants should be granted an extension of time to file a notice of appeal and record of appeal.
- 2 Whether previous mistakes by counsel should bar the applicants from obtaining the extension sought.
Ratio Decidendi
The court found that the applicants acted promptly in bringing the application for extension of time, as there was no undue delay between the striking out of the previous appeal and the filing of the present motion, especially considering the intervening Christmas vacation. The court held that the mistakes previously made by the applicants' counsel had already been sufficiently punished by the striking out of the earlier appeal and should not be used again to deny the applicants the extension sought. The respondent did not oppose the application, further supporting the grant of the orders. Accordingly, the court exercised its discretion to allow the extension of time for filing the notice...
Court Disposition
Application allowed.
Orders
- Applicants must file their notices of appeal within seven days of the date hereof.
- Applicants must file their record of appeal within fourteen days from the date the notices of appeal are lodged.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CORAM: OMOLO, J.A. (IN CHAMBERS) CIVIL APPLICATION NO. NAI 2 OF 2000
BETWEEN
THIKA MUNICIPAL COUNCIL JOSEPH MUTHUKU KAMWERU ................................APPLICANTS AND JANE NYAMBURA .........................................RESPONDENT
(Application for extension of time to file notice of appeal and record of appeal from a judgment and decree of the High Court of Kenya at Nairobi (Angawa J) dated 6th October, 1998
in
H.C.C.C. NO. 6274 OF 1990)
******************
R U L I N G
There was really no delay in bringing the present application and with respect to Mrs Kamande for the respondent, she is right in not opposing the application. The applicants' previous appeal was struck out on 16th December, 1999 and the present motion was filed on 5th January, 2000.
There was the Christmas vacation during this period. The previous mistakes made by counsel for the applicants were sufficiently punished when their appeal was struck out and those mistakes cannot again be used to deny them the extension the applicants seek in this motion.
I accordingly allow the motion and make the following orders:-
1. The applicants must file their notices of appeal within seven days of the date hereof.
2. The applicants must thereafter file their record of appeal within fourteen days from the date the notices of appeal are lodged.
3. I award the costs of to-day assessed at Shs.5,000/= to the respondent, to be paid within 15 days of the date hereof. If the same are not paid, the respondent is at liberty to execute. Those shall be my orders.
Dated and delivered at Nairobi this 9th day of May, 2000.
R. S. C. OMOLO
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JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR