[1998] KECA 254 (KLR)
The application for extension of time was dismissed because it was filed prematurely, before the expiry of the period allowed for filing the appeal. The applicant failed to provide any explanation for not filing the appeal within the prescribed period after receiving the proceedings. In the absence of a satisfactory...
Source-derived case information.
- Citation
- [1998] KECA 254 (KLR)
- Parties
- Applicant: Tononoka Steels Limited; Respondent: The Eastern and Southern African Trade and Development Bank (The P.T.A. Bank)
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 213 of 1998
- Procedural Posture
- Civil Application / Application for Extension of Time to File Record of Appeal
- Outcome
- application dismissed with costs
- Legal Topics
- Extension of Time, Appeals Process, Court Rules Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Tononoka Steels Limited
Applicant
The Eastern and Southern African Trade and Development Bank (The P.T.A. Bank)
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to File Record of Appeal
Legal Issues
- 1 Whether the applicant is entitled to an extension of time to file the record of appeal.
- 2 Whether the application for extension was premature or justified under the circumstances.
Ratio Decidendi
The application for extension of time was dismissed because it was filed prematurely, before the expiry of the period allowed for filing the appeal. The applicant failed to provide any explanation for not filing the appeal within the prescribed period after receiving the proceedings. In the absence of a satisfactory explanation, the court declined to exercise its discretion to extend time, emphasizing that such discretion is only available where sufficient cause is demonstrated.
Court Disposition
application dismissed with costs
Orders
- The application for extension of time is dismissed with costs to the respondent.
Full Case Text
Judgment text and source record
9 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL AT NAIROBI (CORAM: LAKHA, J.A. (IN CHAMBERS) CIVIL APPLICATION NO. NAI. 213 OF 1998 BETWEEN
TONONOKA STEELS LIMITED ..............................APPLICANT
AND THE EASTERN AND SOUTHERN AFRICAN TRADE AND DEVELOPMENT BANK (THE P.T.A. BANK) ...............RESPONDENT
(Application for extension of time to file Record of Appeal from a Judgment of the High Court of Kenya at Nairobi (Justice Keiuwa) dated 8th May, 1998 in H.C.C.C. NO. 267 OF 1998) *****************
R U L I N GThis is an application under rule 4 of the Rules of this Court seeking an extension of time for the filing of the record of appeal from a Ruling of the superior court (Ole Keiwua, J.) dated 8th May, 1998. The Notice of Appeal was filed within the prescribed time and in terms of rule 81 of the Rules an application for copies of proceedings duly copied to the opposite side was made on 20th May, 1998. These were supplied on 28th August, 1998 from which date time began to run. The applicant had 60 days from that date to file his appeal. The last date accordingly was 28th October, 1998, Yet the application was filed on 11th September, 1998 before the time to file the appeal had expired. The application on my judgment was premature. Nor is there any explanation why the appeal was not filed between 28th August, 1998 and 28th October, 1998. In the absence of any explanation, I am unable to exercise my discretion. This application fails and is dismissed with costs.
Dated and delivered at Nairobi this 4th day of November, 1998.
A.A. LAKHAJUDGE OF APPEALI certify that this is a true copy of the original.
DEPUTY REGISTRAR