[2001] KECA 212 (KLR)
The court, after considering the submissions made by Mr. Mahan for the applicant and upon perusal of the application, exercised its discretion to grant the extension of time. The judge found the reasons advanced sufficient and allowed the applicant to file the record of appeal within 30 days. The costs of the...
Source-derived case information.
- Citation
- [2001] KECA 212 (KLR)
- Parties
- Applicant: Wilderness Trails (K) Ltd.; Respondent: Thomas Nkubitu
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nyeri
- Jurisdiction
- Kenya
- Case Number
- ? 81 of 2001
- Procedural Posture
- Civil Application / Application for Extension of Time to File Notice of Appeal
- Outcome
- Application allowed.
- Legal Topics
- Extension of Time, Appeals Process, Notice of Appeal
- 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
Wilderness Trails (K) Ltd.
Applicant
Thomas Nkubitu
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to File Notice of Appeal
Legal Issues
- 1 Whether the applicant should be granted an extension of time to file a notice of appeal out of time.
Ratio Decidendi
The court, after considering the submissions made by Mr. Mahan for the applicant and upon perusal of the application, exercised its discretion to grant the extension of time. The judge found the reasons advanced sufficient and allowed the applicant to file the record of appeal within 30 days. The costs of the application were ordered to be costs in the intended appeal.
Court Disposition
Application allowed.
Orders
- The applicant is granted leave to file the record of appeal within the next 30 days.
- The costs of this application will be costs in the intended appeal.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE COURT OF APPEAL AT NYERI (CORAM: SHAH, J.A (IN CHAMBERS) CIVIL APPLICATION NO. NAI. 81 OF 2001 (NYR. 7/2001) BETWEEN WILDERNESS TRAILS (K) Ltd. ............................APPLICANT AND THOMAS NKUBITU ........................................RESPONDENT (Application for extension of time to file a Notice of Appeal out of time from Judgment of the High Court of Kenya at Meru (G.A Omwitsa, Commissioner of Assize) dated 21st September, 2000 in H.C. C. APPEAL NO. 25 OF 1998) **************** R U L I N G Considering what has been stated to me by Mr. Mahan and having perused the application I grant the same. The record of appeal may be filed within the next 30 days. The costs of this application will be costs in the intended appeal. Dated and delivered at Nyeri this 16th day of May, 2001. A.B. SHAH ............... JUDGE OF APPEAL I certify that this is a true copy of the original. DEPUTY REGISTRAR