[1998] KECA 72 (KLR)
The court found that the applicant was not actually out of time to file the record of appeal because the Christmas vacation period is excluded from the computation of time. The application for extension was therefore unnecessary, but the court did not find any inordinate delay or lack of diligence on the part of the...
Source-derived case information.
- Citation
- [1998] KECA 72 (KLR)
- Parties
- Applicant: Yoon Siko; Respondent: Sebastian Kathilu
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 15 of 1998
- Procedural Posture
- Civil Application / Application for Extension of Time to File Record of Appeal
- Outcome
- Application granted.
- Legal Topics
- Extension of Time, Appeals Process, Computation of Time
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Yoon Siko
Applicant
Sebastian Kathilu
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to File Record of Appeal
Legal Issues
- 1 Whether the applicant was out of time to file the record of appeal.
- 2 Whether the Christmas vacation period should be excluded in computing time for filing the appeal.
- 3 Whether there was inordinate delay by the applicant in seeking extension of time.
Ratio Decidendi
The court found that the applicant was not actually out of time to file the record of appeal because the Christmas vacation period is excluded from the computation of time. The application for extension was therefore unnecessary, but the court did not find any inordinate delay or lack of diligence on the part of the applicant or his counsel, who was described as extra cautious. As a result, the court granted the application for extension of time, allowing the applicant to file the appeal within 21 days from the date of the ruling. Costs of the application were ordered to follow the final result of the appeal.
Court Disposition
Application granted.
Orders
- The applicant shall file the appeal within 21 days.
- Costs of the application to follow the final result of the appeal.
Full Case Text
Judgment text and source record
18 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: PALL J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. NAI. 15 OF 1998
BETWEEN
YOON SIKO...............................................APPLICANT
AND
SEBASTIAN
KATHILU.......................................RESPONDENT
(An application for extension of time to file Record of Appeal out of time in an intended appeal from the Judgment of the High court of Kenya at Machakos (Mr. Justice Mwera) dated 24th September, 1997 in H.C.C.C. NO. 383 OF 1997 *******************
R U L I N G
The applicant filed the notice of appeal on 29. 9.97 and obtained the proceedings on 24. 11. 1997 and filed the present application on 23. 1.1998 obviously thinking that he was out of time whereas he was not. He was well within time to lodge the appeal without this application considering that xmas vacation period is to be excluded from the reckoning of time. Anyway,
I do not find any inordinate delay on the part of the applicant except that on the other hand his counsel was extra cautious. I grant the application and order that the applicant shall file the appeal within 21 days. Costs of the application to follow the final result of the appeal.
Dated and delivered at Nairobi this 20th day of March
1998. G. S. PALL ...............
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR