[2010] KECA 6 (KLR)
The court exercised its discretion to grant the extension of time for lodging and serving the notice of appeal, noting that the respondent did not oppose the application. The notice of appeal dated 4th May 2010 and lodged on 5th May 2010 was deemed as properly filed within time, and service on the respondent was...
Source-derived case information.
- Citation
- [2010] KECA 6 (KLR)
- Parties
- Applicant: Yasmin Abdulkarim t/a Y.A. Ali Advocates; Respondent: Southern Credit Banking Corporation Ltd
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 161 of 2010
- Procedural Posture
- Extension of Time Application / Ruling on Application for Extension of Time to Lodge and Serve Notice of Appeal
- Outcome
- Application for extension of time allowed; notice of appeal deemed properly lodged and served within time; applicant to pay respondent's costs.
- Judges
- D Ole Keiwua
- Legal Topics
- Extension of Time, Notice of Appeal, Service of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Yasmin Abdulkarim t/a Y.A. Ali Advocates
Applicant
Southern Credit Banking Corporation Ltd
Respondent
Procedural Posture
Extension of Time Application / Ruling on Application for Extension of Time to Lodge and Serve Notice of Appeal
Legal Issues
- 1 Whether the applicant should be granted extension of time to lodge the notice of appeal.
- 2 Whether the notice of appeal lodged and served out of time should be deemed as properly filed and served.
Ratio Decidendi
The court exercised its discretion to grant the extension of time for lodging and serving the notice of appeal, noting that the respondent did not oppose the application. The notice of appeal dated 4th May 2010 and lodged on 5th May 2010 was deemed as properly filed within time, and service on the respondent was also deemed to have been effected within the time allowed by the rules. The applicant was ordered to pay the respondent's costs of the application.
Court Disposition
Application for extension of time allowed; notice of appeal deemed properly lodged and served within time; applicant to pay respondent's costs.
Orders
- The notice of appeal dated 4th May 2010 and lodged on 5th May 2010 is deemed as lodged within time.
- The notice of appeal is deemed as served on the respondent within the time allowed by rule 76(1) of the Court of Appeal Rules.
Full Case Text
Judgment text and source record
22 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: KEIWUA, JA (IN CHAMBERS)
CIVIL APPLICATION NO. NAI 161 OF 2010
BETWEEN
YASMIN ABDULKARIT/A Y.A. ALI ADVOCATES.........................APPLICANTS
AND
SOUTHERN CREDIT BANKINGCORPORATION LTD...................RESPONDENT
(Application for extension of time within which the notice of appeal dated 4th May 2010 in an intended appeal against the ruling of theHigh Court of Kenya at Mombasa (Azangalala, J) in High Court Commercial Civil Suit No. 34 should be lodged andserved and that the notice of appeal dated 4th May 2010 and lodged in the High Courton 11th May 2010 be deemed as lodged within time.
in
H.C.C.C. NO. 34 OF 2009
***************************
RULING
The applicant applied on 14th June 2010 for extension of time within which to lodge the Notice of appeal. The Notice of appeal is dated 4th May 2010 and was lodged in the superior Court on the 5th May 2010. The applicant also seeks enlargement of time within which to serve the notice of appeal on the respondent.
Mr Mutugi, learned counsel for the respondent not opposing the application, the notice of appeal is deemed to have been lodged in the superior court on the 5th May 2010. On the other hand, the Notice of appeal is also deemed to have been served on the respondent within the time allowed by rule 76(1) of the Court’s Rule. The applicant to pay the respondent’s costs of the application in any event.
Made and dated at Nairobi this 12th day of October, 2010.
M. OLE KEIWUA
……………………
JUDGE OF APPEAL
I certify that this is a
true copy of the original
DEPUTY REGISTRAR