[2001] KECA 244 (KLR)
The court declined to hear the application for extension of time because the applicants failed to include the necessary pleadings and the judgment they intended to appeal against in the record. The absence of these essential documents rendered the application incapable of being considered, as the court could not...
Source-derived case information.
- Citation
- [2001] KECA 244 (KLR)
- Parties
- Applicant: Ukay Estates Limited & Another; Respondent: Shah Hirji Manek Ltd. & 2 Others
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 371 of 2000
- Procedural Posture
- Civil Application / Application for Extension of Time to File and Serve Notice of Appeal
- Outcome
- Application stood over generally; not heard on merits.
- Judges
- RO Kwach
- Legal Topics
- Extension of Time, Notice of Appeal, Appellate Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Ukay Estates Limited & Another
Applicant
Shah Hirji Manek Ltd. & 2 Others
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to File and Serve Notice of Appeal
Legal Issues
- 1 Whether the application for extension of time to file and serve a notice of appeal can be heard in the absence of pleadings and the judgment sought to be appealed against.
Ratio Decidendi
The court declined to hear the application for extension of time because the applicants failed to include the necessary pleadings and the judgment they intended to appeal against in the record. The absence of these essential documents rendered the application incapable of being considered, as the court could not determine the merits or context of the request without them. Consequently, the application was removed from the day's list and stood over generally, with costs awarded to the respondents.
Court Disposition
Application stood over generally; not heard on merits.
Orders
- Application taken out of the list and stood over generally.
- Applicants to pay today's costs assessed at Shs. 8,000 to the respondents within 7 days, failing which execution to issue.
Full Case Text
Judgment text and source record
17 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: KWACH, J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. NAI. 371 OF 2000 (UR. 181/2000)
BETWEEN
UKAY ESTATES LIMITED & ANOTHER..........................APPLICANTS
AND
SHAH HIRJI MANEK LTD. & 2 OTHERS......................RESPONDENTS
(An application for extension of time to file and serve a Notice of Appeal from a Ruling of the High Court of Kenya at Nairobi (Mbaluto, J.) dated 30th July, 1999
in
H.C.C.C. NO. 883 OF 1998)
**********************
O R D E R
As neither the pleadings nor the judgment sought to be appealed against has been made part of the record I cannot hear this application. Accordingly it is taken out of the list for today and stood over generally. Today's costs assessed at Shs. 8,000/- to the respondents to be paid within 7 days and in default execution to issue.
Made at Nairobi this 3rd day of January, 2001.
R.O. KWACH
………………….. JUDGE OF APPEAL