[1998] KECA 140 (KLR)
The court did not determine the substantive application but issued procedural orders. The matter was stood over for hearing at Nairobi, and the applicants' advocates were ordered to serve the application on the respondent's advocates, the Attorney General, and the Commissioner of Lands. Additionally, the applicants'...
Source-derived case information.
- Citation
- [1998] KECA 140 (KLR)
- Parties
- Applicant: Zipporah Tirindi M'Mwithiga; Applicant: Julius Kondo M'Mwithiga; Applicant: Peter Kirimi M'Mwithiga; Applicant: John Kiriungu M'Mwithiga; Respondent: Mburugu Kioga
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 202 of 1996
- Procedural Posture
- Civil Application / Application for Extension of Time to Lodge Notice of Appeal and Memorandum of Appeal Out of Time
- Outcome
- Application stood over for hearing; procedural orders issued.
- Legal Topics
- Extension of Time, Appeals Process, Service of Documents
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zipporah Tirindi M'Mwithiga
Applicant
Julius Kondo M'Mwithiga
Applicant
Peter Kirimi M'Mwithiga
Applicant
John Kiriungu M'Mwithiga
Applicant
Mburugu Kioga
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to Lodge Notice of Appeal and Memorandum of Appeal Out of Time
Legal Issues
- 1 Whether the applicants should be granted an extension of time to lodge a notice of appeal and memorandum of appeal out of time.
- 2 Whether the applicants' advocates' failure to appear affects the application.
Ratio Decidendi
The court did not determine the substantive application but issued procedural orders. The matter was stood over for hearing at Nairobi, and the applicants' advocates were ordered to serve the application on the respondent's advocates, the Attorney General, and the Commissioner of Lands. Additionally, the applicants' advocate was ordered to explain in writing his absence from the hearing. The court emphasized the importance of proper service and attendance by advocates in procedural applications.
Court Disposition
Application stood over for hearing; procedural orders issued.
Orders
- The application is stood over for hearing at Nairobi before Shah, J.A. on 20th November, 1998 at 10:30 a.m. in chambers.
- Mr. Meenye is ordered to serve a copy each of the application on the respondent's advocates M/s H.P.G. Waweru & Co., the Attorney General and the Commissioner of Lands.
Full Case Text
Judgment text and source record
10 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NYERI (Coram: Shah, J.A. (IN CHAMBERS) CIVIL APPLICATION NO. NAI. 202 OF 1996BETWEEN ZIPPORAH TIRINDI M'MWITHIGA........................1ST APPLICANT JULIUS KONDO M'MWITHIGA............................2ND APPLICANT PETER KIRIMI M'MWITHIGA............................3RD APPLICANT JOHN KIRIUNGU M'MWITHIGA...........................4TH APPLICANT AND
MBURUGUKIOGA.......................................RESPONDENT(Application for extension of time to lodge Notice of Appeal and Memorandum of Appeal out of time in an intended appeal from judgment/decree/order of the High Court of Kenya at Meru (Oguk, J.) dated 5th day of November, 1990 in H.C. MISC. CIVIL APPL. NO. 45 OF 1989) **************************ORDER
This application is stood over for hearing at Nairobi before me on 20th November, 1998 at 10. 30 a.m. in chambers, at Nairobi. Mr. Meenye is ordered to serve a copy each of the application on the respondent's advocates M/s H.P.G. Waweru & Co., the Attorney General and the Commissioner of Lands.
It is a matter of concern for me that M/s. Meenye & Kirima advocates have thought fit not to appear here in preference to an alleged High Court hearing in Nairobi. Mr. G.K. Meenye is hereby ordered to explain in writing as to why he did not appear to-day.
Dated and delivered at Nyeri this 29th day of October,1998.
A.B. SHAH JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR