nyongo and ors v ag of kenya application 1 of 2010 application 2 of 2010 2010 eacj 3 22 june 2010

nyongo and ors v ag of kenya application 1 of 2010 application 2 of 2010 2010 eacj 3 22 june 2010

The delay in serving the memorandum and record of appeal was partly attributable to the actions of court personnel, and the Applicant should not be penalized for this. The delay was not inordinate, and sufficient reason was shown to justify extension of time. Accordingly, time for service is extended to 13.1.2010.

Citation
nyongo and ors v ag of kenya application 1 of 2010 application 2 of 2010 2010 eacj 3 22 june 2010
Parties
Applicants/respondents: Prof. Anyang’ Nyong’o & 10 Others; Respondent/applicant: Attorney General of Kenya
Court
EACJ
Jurisdiction
Tanzania
Judgment Date
22 June 2010
Procedural Posture
Applications for Extension of Time and Striking Out Appeal / Appellate Division Judgment on Interlocutory Applications
Outcome
Application No. 1 of 2010 dismissed; Application No. 2 of 2010 granted.
Legal Topics
Extension of Time, Service of Court Documents, Judicial Discretion, Procedural Fairness
Source Language
English
Civil Procedure Appellate Practice Extension of Time Service of Court Documents Judicial Discretion Procedural Fairness

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Parties

Prof. Anyang’ Nyong’o & 10 Others

Applicants/respondents

Attorney General of Kenya

Respondent/applicant

Procedural Posture

Applications for Extension of Time and Striking Out Appeal / Appellate Division Judgment on Interlocutory Applications

Legal Issues

  1. 1 Whether sufficient reason was shown to extend time for service of memorandum and record of appeal
  2. 2 Whether the appeal should be struck out for late service

Ratio Decidendi

The delay in serving the memorandum and record of appeal was partly attributable to the actions of court personnel, and the Applicant should not be penalized for this. The delay was not inordinate, and sufficient reason was shown to justify extension of time. Accordingly, time for service is extended to 13.1.2010.

Court Disposition

Application No. 1 of 2010 dismissed; Application No. 2 of 2010 granted.

Orders

  • Time for service of memorandum and record of appeal extended to 13.1.2010.
  • Costs to be in the cause.