Case Metadata |
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| Case Number: | Civil Application Nai 216 of 2005 |
|---|---|
| Parties: | Teresa Moraa & Nyanchoka Omari v Stephen Kendu Nyaega |
| Date Delivered: | 29 Nov 2005 |
| Case Class: | Civil |
| Court: | Court of Appeal at Kisumu |
| Case Action: | Ruling |
| Judge(s): | Emmanuel Okello O'Kubasu |
| Citation: | Teresa Moraa Omundi & another v Stephen Kendu Nyaega [2005] eKLR |
| Advocates: | Mr. Kimanga for the Respondent |
| Case History: | (An application to file and serve Notice and Record of Appeal out of time from the Judgment & Decree of the High Court of Kenya at Kisii (Birech Commissioner of Assize) dated 17th June, 2003 in HCCC NO 105 OF 2005 (O.S.) |
| Court Division: | Civil |
| County: | Kisumu |
| Advocates: | Mr. Kimanga for the Respondent |
| History Docket No: | HCCC NO 105 OF 2005 (O.S. |
| History Judges: | Paul Kiptenai Kimisoy Arap Birech |
| Case Summary: | [RULING] Civil Procedure - extension of time - application under rule 4 of the Court of Appeal Rules to file and serve Notice and Record of Appeal out of time - previous appeal having been struck out for having been filed without the leave of the court - no delay in bringing the application - whether the application should be allowed. |
| History Advocates: | One party or some parties represented |
| History County: | Kisii |
| Case Outcome: | Allowed |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
REPUBLIC OF KENYA
1 TERESA MORAA OMUNDI
IN THE COURT OF APPEAL
AT KISUMU
CIVIL APPLICATION NAI 216 OF 2005 (17/2005)
BETWEEN
2 NYANCHOKA OMARI……………………………………………..APPLICANTS
AND
STEPHEN KENDU NYAEGA……………….………………………..RESPONDENT
(An application to file and serve Notice and Record of Appeal out of
time from the Judgment & Decree of the High Court of Kenya at Kisii
(Birech Commissioner of Assize) dated 17th June, 2003
in
HCCC NO 105 OF 2005 (O.S.)
****************
RULING
E. O. O’KUBASU
……………………………
JUDGE OF APPEAL
This is an application under rule 4 of the Court of Appeal Rules in which the applicants are seeking leave to file and serve notice of appeal and record of appeal out of time. The applicants’ previous appeal (Civil Appeal No. 225 of 2003) was struck out on 23rd June, 2005 on a technicality in that it was filed out of time without leave of the Court. This application was then filed on 4th July, 2005 which was about ten days after the previous appeal was struck out. Clearly, there was no delay in bringing thisapplication. Mr Kimanga, for the respondent, does not oppose the application save for the costs of the application.
In view of the foregoing, this application is allowed and the applicants are to file and serve the notice of appeal within seven (7) days from the date hereof and lodge the record of appeal within thirty (30) days from the date the notice of appeal is filed. Costs assessed at Kshs. 5,000/- awarded to the respondent which amount should be paid within 10 days from today in default execution to issue.
Made at Kisumu this 29th day of November, 2005.
I certify that this is a true copy of the original
DEPUTY REGISTRAR
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