[1997] KECA 190 (KLR)
The court exercised its discretion under rule 4 of the Court of Appeal Rules, finding that the applicant's apprehension of prejudice to his intended appeals justified the extension of time. The absence of a prior notice of appeal against the original contempt decision could undermine the applicant's appellate...
Source-derived case information.
- Citation
- [1997] KECA 190 (KLR)
- Parties
- Applicant: Yusuf Lahdad Shahrad; Applicant: Aisha Yusuf Lahdad; Respondent: Zubedabanu M. Abdow; Respondent: Nurbanu A. Molu; Respondent: Nabeed M. Ismail; Respondent: Naheed M. Ismail; Respondent: Naheeda M. Ismail
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 201 of 1997
- Procedural Posture
- Civil Application / Application for Extension of Time to File Appeal
- Outcome
- application granted
- Judges
- JE Gicheru
- Legal Topics
- Extension of Time, Appeals Process, Contempt of Court, Procedural Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Yusuf Lahdad Shahrad
Applicant
Aisha Yusuf Lahdad
Applicant
Zubedabanu M. Abdow
Respondent
Nurbanu A. Molu
Respondent
Nabeed M. Ismail
Respondent
Naheed M. Ismail
Respondent
Naheeda M. Ismail
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to File Appeal
Legal Issues
- 1 Whether the applicant should be granted an extension of time to file a notice and record of appeal against the High Court's decision finding him in contempt of court.
- 2 Whether the absence of a prior notice of appeal against the original contempt decision prejudices the applicant's intended appeals.
Ratio Decidendi
The court exercised its discretion under rule 4 of the Court of Appeal Rules, finding that the applicant's apprehension of prejudice to his intended appeals justified the extension of time. The absence of a prior notice of appeal against the original contempt decision could undermine the applicant's appellate process regarding subsequent related decisions. Therefore, the court granted the application, allowing the applicant to file the notice of appeal within 7 days and the record of appeal within 14 days thereafter. No order as to costs was made.
Court Disposition
application granted
Orders
- The applicant is granted leave to lodge the notice of appeal within 7 days from the date of this ruling.
- The record of appeal in respect of the decision sought to be appealed from shall be lodged within 14 days from the date of lodging the notice of appeal.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
(Coram: Gicheru, J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. NAI. 201 OF 1997 (87/97 UR)
BETWEEN
YUSUF LAHDAD SHAHRAD
AISHA YUSUF LAHDAD......................APPLICANTS
AND
1. ZUBEDABANU M. ABDOW
2. NURBANU A. MOLU
3. NABEED M. ISMAIL
4. NAHEED M. ISMAIL
5. NAHEEDA M. ISMAIL...................RESPONDENTS
(Application for extension of time to file an appeal in an intended appeal from a ruling
of the High Court of Kenya at Mombasa (Wambilyangah, J.) dated 25th March, 1995
in
H.C.C.C. NO. 361 OF 1993) ***********************
RULING
This application came up for hearing yesterday, 4th August, 1997, but there was no return of service of the hearing notice in respect of the respondents. Its hearing was therefore stood over to this morning and I am informed by the Registry that counsel for the respondents has been served with today's hearing notice. There is, however, no appearance for the respondents.
In this application, the applicant has sought extension of time within which to lodge the notice and record of appeal against the decision of the superior court given on 25th March, 1994 wherein he was found guilty of contempt of court and in respect of which he has now been committed to prison for 30 days with effect from 17th July, 1997. In between the two dates, various applications and rulings in connection with the contempt order against the applicant have been made in respect of which where he was dissatisfied he has lodged appropriate notices of appeal culminating in the notice of appeal against the decision of the superior court committing him to prison for 30 days. There has, however, been no notice of appeal in respect of the original decision of the superior court that adjudicated him to be in contempt of court.
Because the applicant is of the view that his intended appeals from the decisions of the superior court arising from the above mentioned original decision may be prejudiced if he has not evinced his intention to appeal against that decision, he now makes the present application for that purpose. For that reason and with the material available before me, for what it is worth, I in the exercise of my discretion under rule 4 of the Rules of this Court grant this application so that the notice of appeal sought to be lodged be so lodged within the next 7 days from today's date and the record of appeal in respect of the decision sought to be appealed from be lodged within 14 days from the date of lodging the notice of appeal. There will be no order as to the costs occasioned by this application.
Dated and delivered in Nairobi this 5th day of August, 1997.
J.E. GICHERU
.............................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR