[2003] KECA 109 (KLR)
The court found that, although not all arguments by the applicant were persuasive, the respondent failed to demonstrate any real prejudice that would result from granting the extension. Considering all circumstances, the court exercised its discretion in favour of the applicant, finding this to be a proper case for...
Source-derived case information.
- Citation
- [2003] KECA 109 (KLR)
- Parties
- Applicant: United Insurance Co. Ltd; Respondent: Alfred Moffat O. Michira; Respondent: Duncan N. Michira
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- ? 217 of 2002
- Procedural Posture
- Extension of Time Application / Ruling on Application for Extension of Time to File Notice and Record of Appeal
- Outcome
- application granted
- Legal Topics
- Extension of Time, Appeals Process, Discretion of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
United Insurance Co. Ltd
Applicant
Alfred Moffat O. Michira
Respondent
Duncan N. Michira
Respondent
Procedural Posture
Extension of Time Application / Ruling on 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, although not all arguments by the applicant were persuasive, the respondent failed to demonstrate any real prejudice that would result from granting the extension. Considering all circumstances, the court exercised its discretion in favour of the applicant, finding this to be a proper case for extension of time to file and serve the notice of appeal and record of appeal out of time.
Court Disposition
application granted
Orders
- The application for extension of time is granted as prayed.
- The applicant shall serve the Notice of Appeal on the Respondents within 7 days from the date of this ruling.
Full Case Text
Judgment text and source record
11 paragraphs
IN THE COURT OF APPEAL
AT KISUMU
CORAM: LAKHA, J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. NAI. 217 OF 2002 (KSM.27/02BETWEENUNITED INSURANCE CO. LTD……………………………………. APPLICANTANDALFRED MOFFAT O. MICHIRA ……………………………1ST RESPONDENTDUNCAN N. MICHIRA ………………………………………2ND RESPONDENTAn application for extension of time to file and serve the notice of appeal and record of appeal out of time from a judgment and decree of the High Court of Kenya at Kisii (Mr. Justice Wambilyangah) dated 20th May, 2002
in KISII H.C.C.C. NO. 29 OF 2001)
************
R U L I N G
Whilst I do not agree with all that Mr. Olel says in support of his application to extend time, it appears clearly to me that Mr. Bosire has been unable to stand by real prejudice that his client is likely to suffer if this application is allowed. Having considered all the circumstances of this case I am satisfied this is a proper case for the exercise of my discretion to allow the extension and serve the Notice of Appeal on the Respondents within 7 days from today. Accordingly, the application is granted as prayed. Appeal to be filed within 45 days.
Dated the 24th March, 2003.
A. A. LAKHA …………………………. JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR