[2002] KECA 123 (KLR)
The court granted the application for extension of time as the respondent did not appear to oppose it, and the hearing date had been agreed upon by both parties. The absence of opposition and the procedural fairness in setting the hearing date justified the exercise of the court's discretion in favour of the...
Source-derived case information.
- Citation
- [2002] KECA 123 (KLR)
- Parties
- Applicant: Thuku Mugiria Mukui Kamau alias Mukui Mutura; Respondent: Pithon Waweru Maina
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 368 of 1996
- Procedural Posture
- Civil Application / Application for Extension of Time to File Notice and Record of Appeal
- Outcome
- Application granted; extension of time allowed.
- Legal Topics
- Extension of Time, Appeals Process, Notice of Appeal, Record of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Thuku Mugiria Mukui Kamau alias Mukui Mutura
Applicant
Pithon Waweru Maina
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 a Notice of Appeal and Record of Appeal out of time.
Ratio Decidendi
The court granted the application for extension of time as the respondent did not appear to oppose it, and the hearing date had been agreed upon by both parties. The absence of opposition and the procedural fairness in setting the hearing date justified the exercise of the court's discretion in favour of the applicant. The court extended the time for lodging the Notice of Appeal by 7 days from the date of the ruling and the time for lodging the Record of Appeal by 15 days from the date of lodging the Notice of Appeal within the extended period. No order as to costs was made.
Court Disposition
Application granted; extension of time allowed.
Orders
- Time for lodging the Notice of Appeal is extended by 7 days from the date of this ruling.
- Time for lodging the Record of Appeal is extended by 15 days from the date of lodging the Notice of Appeal within the extended time.
Full Case Text
Judgment text and source record
15 paragraphs
IN THE COURT OF APPEAL AT NAIROBI
CORAM: GICHERU, J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. NAI. 368 OF 1996
BETWEEN
THUKU MUGIRIA MUKUI KAMAU
ALIAS MUKUI MUTURA .....................................APPLICANT AND
PITHON WAWERU MAINA ................................RESPONDENT
(Application for extension of time to file a Notice of Appeal and Record of Appeal out of time in an intended Appeal from a Judgment of the High Court of Kenya at Nairobi (Mr. Justice Shields) dated 15th December, 1986 in
H.C.C.C. NO. 772 OF 1981) ***********
R U L I N G
Today's hearing date of this application was taken by consent of parties but the respondent has not appeared to defend the same. In the result, the applicant's application is granted so that the time for lodging the Notice of Appeal is extended by 7 days from the date hereof and the time for lodging the record of appeal is extended by 15 days from the date of lodging the Notice of Appeal within the extended time.
I make no order as to the costs occasioned by the applicant's applicattion .and
Delivered at Nairobi this 24th day of July, 2002.
J. E. GICHERU .................... JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR