[1997] KECA 191 (KLR)
The court allowed the application for extension of time to file the record of appeal, noting that the respondent did not object. However, the court agreed with the respondent's advocate that the application was unnecessary because the applicant could have complied with the relevant rules if due consideration had...
Source-derived case information.
- Citation
- [1997] KECA 191 (KLR)
- Parties
- Applicant: Zebron Nguku Mote; Respondent: Ephantus Mote Wakaria
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 194 of 1997
- Procedural Posture
- Civil Application / Application for Extension of Time to File Record of Appeal
- Outcome
- Application allowed with costs to the respondent.
- Judges
- AB Shah
- Legal Topics
- Extension of Time, Appeals Process, Court Rules Compliance
- 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
Zebron Nguku Mote
Applicant
Ephantus Mote Wakaria
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to File Record of Appeal
Legal Issues
- 1 Whether the applicant should be granted an extension of time to file the record of appeal.
- 2 Whether the respondent is entitled to costs for the application.
Ratio Decidendi
The court allowed the application for extension of time to file the record of appeal, noting that the respondent did not object. However, the court agreed with the respondent's advocate that the application was unnecessary because the applicant could have complied with the relevant rules if due consideration had been given to the proviso to Rule 81 of the Court of Appeal Rules. As a result, the court ordered that the record of appeal may be filed within twenty days and awarded the respondent costs of KES 1,000, to be paid within the same period.
Court Disposition
Application allowed with costs to the respondent.
Orders
- The record of appeal may be filed within twenty days from the date of the ruling.
- The respondent is awarded costs of KES 1,000 for this application, to be paid within twenty days.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: SHAH, J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. NAI 194 OF 1997
BETWEEN
ZEBRON NGUKU MOTE.........................................APPLICANT
AND
EPHANTUS MOTE WAKARIA..............................RESPONDENT
(Application for extension of time to file Record of Appeal in an intended appeal
from a judgment of the High Court of Kenya at Nairobi (Hon. Lady Justice
Owuor) dated 9th October, 1996
in
H.C.C.A. NO. 41 OF 1993) ************
R U L I N G
Mr. Kiania Njau for the respondent is not objecting to this application. He seeks, however, costs of the application as he was brought here quite unnecessarily because the applicant could well have filed the appeal within time if the applicant had considered the effect of the proviso to Rule 81 of the rules of this Court. I agree with what Mr. Kiania Njau says. The application is allowed. The record of appeal may be filed within twenty days from to-day. That is my order. The respondent will have costs of this application now agreed at shs.1000/= which sum must be paid within the next 20 days.
Dated and delivered at Nairobi this 9th day of October, 1997.
A. B. SHAH
............................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR