[2002] KECA 207 (KLR)
The court found that the delay in filing the notice of appeal and record of appeal was attributable to an oversight by the applicant's advocate. The judge was satisfied that this constituted sufficient cause for the exercise of judicial discretion in favour of the applicant. Accordingly, the court granted the...
Source-derived case information.
- Citation
- [2002] KECA 207 (KLR)
- Parties
- Applicant: Transnational Bank Ltd.; Respondent: Jemimah Moraa Sobu
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Application 91 of 2002
- Procedural Posture
- Civil Application / Application for Extension of Time to File Notice and Record of Appeal
- Outcome
- Application allowed. Extension of time granted.
- Legal Topics
- Extension of Time, Appeals Process, Judicial Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Transnational Bank Ltd.
Applicant
Jemimah Moraa Sobu
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 and serve the notice of appeal and record of appeal out of time.
Ratio Decidendi
The court found that the delay in filing the notice of appeal and record of appeal was attributable to an oversight by the applicant's advocate. The judge was satisfied that this constituted sufficient cause for the exercise of judicial discretion in favour of the applicant. Accordingly, the court granted the extension of time, allowing the applicant to file the notice of appeal within 7 days and the record of appeal within 14 days thereafter. The court also ordered the applicant to pay the costs of the application to the respondent.
Court Disposition
Application allowed. Extension of time granted.
Orders
- Time to file Notice of appeal within 7 days from the date of the ruling.
- Record of appeal to be filed within 14 days thereafter.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL AT KISUMU
(CORAM: LAKHA, J.A (IN CHAMBERS)
CIVIL APPLICATION NO. NAI. 91 OF 2002 (UR 48/2002)BETWEEN
TRANSNATIONAL BANK LTD. ..............................APPLICANT
AND
JEMIMAH MORAA SOBU ...................................RESPONDENT(Application for extension of time to file and serve Notice of appeal and lodge record of appeal out of time in an intended appeal from the Judgment and decree of the High Court of Kenya at Kisii (Mr. Justice Wambilyangah) dated 22nd February, 2002 in H.C.C.C NO. 378 OF 1997) ************** R U L I N G
I am satisfied that there was an oversight on the part of the applicant's advocate. I consider this is a fit and proper case for the exercise of my discretion. Time to file Notice of appeal within 7 days from today and the record of appeal within 14 days thereafter. The applicant shall pay to the respondent the costs of this application in any event.
Dated and delivered at Kisumu this 13th day of June, 2002.
A.A. LAKHA ............... JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR