[2005] KECA 281 (KLR)
The court found that the application for extension of time was made promptly after the applicant's record of appeal was struck out, with no evidence of delay or prejudice to the respondent. The respondent did not oppose the application. In exercise of its discretion, the court granted the extension, setting specific...
Source-derived case information.
- Citation
- [2005] KECA 281 (KLR)
- Parties
- Applicant: Wandiri Karimi (Minor suing through Next friend and mother Lydia Karimi); Respondent: Ghalib Khan; Respondent: Neer Construction
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nyeri
- Jurisdiction
- Kenya
- Case Number
- ? 179 of 2005
- Procedural Posture
- Civil Application / Application for Extension of Time to File Notice and Record of Appeal
- Outcome
- Application for extension of time granted.
- Legal Topics
- Extension of Time, Appeals Process, Striking Out of Record
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wandiri Karimi (Minor suing through Next friend and mother Lydia Karimi)
Applicant
Ghalib Khan
Respondent
Neer Construction
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 extension of time to file the notice and record of appeal out of time.
Ratio Decidendi
The court found that the application for extension of time was made promptly after the applicant's record of appeal was struck out, with no evidence of delay or prejudice to the respondent. The respondent did not oppose the application. In exercise of its discretion, the court granted the extension, setting specific timelines for filing the notice and record of appeal, and awarding costs to the respondent.
Court Disposition
Application for extension of time granted.
Orders
- Applicant to file the notice of appeal within seven (7) days from the date of this ruling.
- Record of appeal to be lodged and served within 21 days from the date the notice of appeal is filed.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL OF KENYA
AT NYERI
Civil Application Nai 179 of 2005 (NYR. 8/2005)
WANDIRI KARIMI (Minor suing through
Next friend and mother LYDIA KARIMI ………...…………………… APPLICANT
AND
GHALIB KHAN
NEER CONSTRUCTION ………………….…………………….. RESPONDENTS
(Application for extension of time to file record of appeal out of time from the judgment and decree of the High Court of Kenya at Meru (Ongundi J) dated 9th May, 1995
in
H.C.C.C. NO. 475 OF 1993)
*******************
R U L I N G
This is an application for extension of time in which to file the notice of appeal and record of appeal. Mr. Mahan for the respondent has no objection to the application. The applicant’s record of appeal was struck out on 13th May, 2005 and by 19th May, 2005 this application was filed. Clearly there was no delay in making the application.
In view of the foregoing, this application is granted and the applicant is to file the notice of appeal within seven (7) days from the date of this ruling and the record of appeal has to be lodged and served within 21 days from the date the notice of appeal is filed. Costs to the respondent the same assessed at Kshs.5,000/= and to be paid within 10 days of this ruling in default execution to issue.
Dated at Nyeri this 1st day of November, 2005.
E. O. O’KUBASU
……………………………
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR