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|Case Number:||Civil Appli 71 of 2007|
|Parties:||FRANCIS MBURU NJOROGE v PETER KABIBI KINYANJUI AND AFRICA MEDIA LIMITED|
|Date Delivered:||27 Jul 2007|
|Court:||Court of Appeal at Nairobi|
|Judge(s):||William Shirley Deverell|
|Citation:||FRANCIS MBURU NJOROGE v PETER KABIBI KINYANJUI & ANOTHER  eKLR|
|Case History:||(An application for extension of time within which to lodge the notice of appeal and record of appeal against the judgment of the High Court of Kenya Nairobi (Mr. Justice J.L.A. Osiemo) dated 27th June, 2000 in H.C.C.C. NO. 2643 OF 1986)|
[Ruling] – CIVIL PRACTICE AND PROCEDURE-enlargement of time-application seeking leave to file appeal out of time-where there was a delay of 50 days-where it was a succession matter- provisions of Succession Act Cap 160 which empower the High Court to hear appeals in disputes in succession cases-whether the application could be allowed-Order 49 rule 5
|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
IN THE COURT OF APPEAL OF KENYA
Civil Appli 71 of 2007
FRANCIS MBURU NJOROGE ……………..………..…….APPLICANT
PETER KABIBI KINYANJUI ……….…..……..……1ST RESPONDENT
AFRICA MEDIA LIMITED …………………...….…2ND RESPONDENT
(An application for extension of time within which to lodge the notice of appeal and record of appeal against the judgment of the High Court of Kenya Nairobi (Mr. Justice J.L.A. Osiemo) dated 27th June, 2000 in H.C.C.C. NO. 2643 OF 1986)
O R D E R
This is an application for an extension of time within which the applicant can lodge and serve a fresh Notice of Appeal and Record of Appeal. The original Notice of Appeal against the judgment of Osiemo J delivered on 27th June 2000 was lodged in time but the record of appeal was not lodged in time.
The extension time sought, according to Mr. Tiego the learned counsel for the applicant is 21 days from the date when the original Record of Appeal was struck out on 13th March, 2007 to the date when the current Notice of Motion applying for extension was filed on 3rd April 2007. He relied on the case Alfred Ramaris and others vs. Association of Members Episcopal Conference in Eastern Africa Civil Application No. Nai. 375 of 2002 (unreported).
Mr. Kamunda, the advocate for the respondents Peter Kabibi Kinyanjui and Africa Media Limited informed me that he did not oppose the application.
In applications under rule 4 (1), as a single Judge, have an unfettered discretion to extend the time for filing a fresh Notice of Appeal and Record of Appeal following upon the striking out of the Record of Appeal originally filed.
Given that the respondent does not oppose the application and that the extension sought is 21 days I exercise my discretion in favour of granting the extension of time sought.
I hereby order that the time within which the application Francis Mburu Njoroge may lodge and serve his Notice of Appeal is extended to expire seven days from today.
I hereby further order that the Record of Appeal shall be lodged and served within fourteen days from the lodging of the Notice of Appeal. Costs of this application shall be in the intended appeal.
Dated and delivered at Nairobi this 27th day of July 2007.
W. S. DEVERELL
JUDGE OF APPEAL
I certify that this is a true copy of the original.