[1999] KECA 55 (KLR)
The court exercised its discretion to grant the extension of time because the application was made promptly on the same day the appeal was struck out, and the respondent, though served, did not oppose or appear to defend the application. The absence of opposition and the promptness of the application justified...
Source-derived case information.
- Citation
- [1999] KECA 55 (KLR)
- Parties
- Applicant: Wahome Ngatia; Respondent: River Land Motors Ltd
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nyeri
- Jurisdiction
- Kenya
- Case Number
- ? 204 of 1999
- Procedural Posture
- Civil Miscellaneous Application / Application for Extension of Time
- Outcome
- Application allowed.
- Legal Topics
- Extension of Time, Notice of Appeal, Record of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wahome Ngatia
Applicant
River Land Motors Ltd
Respondent
Procedural Posture
Civil Miscellaneous Application / Application for Extension of Time
Legal Issues
- 1 Whether the applicant should be granted an extension of time to file a notice of appeal and record of appeal after the appeal was struck out.
Ratio Decidendi
The court exercised its discretion to grant the extension of time because the application was made promptly on the same day the appeal was struck out, and the respondent, though served, did not oppose or appear to defend the application. The absence of opposition and the promptness of the application justified granting the orders sought.
Court Disposition
Application allowed.
Orders
- A fresh notice of appeal to be filed within seven days.
- The record of appeal to be lodged within thirty days thereafter.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
COURT OF APPEAL AT NYERI
civil misc appl 204 of 99
WAHOME NGATIA .........................................APPLICANT
AND
RIVER LAND MOTORS LTD .................................RESPONDENT
(Application for extension of time to file notice of appeal and record of appeal in an intended appeal from a judgment & decree of the High Court of Kenya at Meru (Etyang J) dated 26th March, 1998 in
H.C.C.C. NO. 43 OF 1996)
******************
R U L I N G
The respondent, though served with this application, is not here to defend the same. The application for extension of time was lodged on the very day the appeal was struck out. In these circumstances I order that a fresh notice of appeal be filed within the next seven days and that the record of appeal be lodged within 30 days thereafter. I make no order as to costs of this application.
Dated and delivered at Nyeri this 27th day of October, 1999.
A. B. SHAH
---------------
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR