[2002] KECA 170 (KLR)

[2002] KECA 170 (KLR)

The court granted the application for extension of time to file and serve the record of appeal because the application was not opposed and both parties had agreed on the terms, including the period for filing and the costs to be paid. The court exercised its discretion in accordance with the agreement of the...

Source-derived case information.

Citation
[2002] KECA 170 (KLR)
Parties
Applicant: Titus Kiragu; Respondent: Agricultural Development Corporation
Court
Court of Appeal
Court Station
Court of Appeal at Nakuru
Jurisdiction
Kenya
Case Number
Civil Application 354 of 2001
Procedural Posture
Civil Application / Application for Extension of Time to File and Serve Record of Appeal
Outcome
Application allowed by consent; extension of time granted; costs awarded to respondent.
Legal Topics
Extension of Time, Appeals Process, Costs Award
Source Language
en
Civil Procedure Extension of Time Appeals Process Costs Award

Source-derived case record

Summary, issues, holding and outcome

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Parties

Titus Kiragu

Applicant

Agricultural Development Corporation

Respondent

Procedural Posture

Civil Application / Application for Extension of Time to File and Serve Record of Appeal

Legal Issues

  1. 1 Whether the applicant should be granted leave to extend time to file and serve the record of appeal.
  2. 2 Whether costs should be awarded to the respondent.

Ratio Decidendi

The court granted the application for extension of time to file and serve the record of appeal because the application was not opposed and both parties had agreed on the terms, including the period for filing and the costs to be paid. The court exercised its discretion in accordance with the agreement of the parties, ensuring that the respondent was compensated for the application by awarding agreed costs. The order was made to facilitate the appeal process without unnecessary delay or prejudice to either party.

Court Disposition

Application allowed by consent; extension of time granted; costs awarded to respondent.

Orders

  • The record of appeal shall be lodged within 28 days, by 19th March, 2002.
  • The respondent shall have costs of this application agreed at KShs.2,000 to be paid within 28 days, failing which execution may issue.