Case Metadata |
|
| Case Number: | civil misc appl 231 of 01 |
|---|---|
| Parties: | James Mwando Nganga v Njeri Nganga & 'A' Njejri Nganga 'B' |
| Date Delivered: | 27 Sep 2001 |
| Case Class: | Civil |
| Court: | Court of Appeal at Nakuru |
| Case Action: | Ruling |
| Judge(s): | Abdulrasul Ahmed Lakha |
| Citation: | James Mwando Nganga v Njeri Nganga & 'A' Njejri Nganga 'B' [2001] eKLR |
| Case History: | (Application for extension of time to file Record of Appea out of time in an intended appeal from the Judgment & Decree of the High Court of Kenya at Nakuru (Rimita, J) dated 17th May, 2000 in NAKURU H.C.SUCCESSION CAUSE NO. 241 OF 1994) |
| History Docket No: | H.C.SUCCESSION CAUSE NO. 241 OF 1994 |
| History Judges: | David Maitai Rimita |
| History County: | Nakuru |
| Case Outcome: | Dismissed |
| 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
JAMES MWANDO NGANGA ............................... APPLICANT
(Application for extension of time to file Record of
This is an application under rule 4 of the Rules of this Court for an extension of time to file the record of appeal. The judgment was delivered on 17.5.2000 and the notice of appeal was filed on 24.5.2001. When it was served is in dispute. Assuming, without deciding, that it was served within the prescribed time the proceedings and judgment were delivered to the applicant on 15.2.2000 according to certificate of delay at p.12. There is no explanation of the time taken up between that date and 3 July, 2001. The delay has not been explained. As the letter was not copied to the opposite side Rule 81 cannot assist its applicant. The second letter was not given within 30 days of judgment as required by rule 81.
IN THE COURT OF APPEAL
AT NAKURU
CORAM: LAKHA, J.A (IN CHAMBERS)
CIVIL APPLICATION NO. 231 OF 2001 (NAK.29/2001)
BETWEEN
AND
NJERI NGANGA & 'A'
NJEJRI NGANGA 'B' ................................ RESPONDENTS
Appea out of time in an intended appeal from the
Judgment & Decree of the High Court of Kenya at
Nakuru (Rimita, J) dated 17th May, 2000
in
NAKURU H.C.SUCCESSION CAUSE NO. 241 OF 1994)
***************
R U L I N G
Where there is no excuse or explanation there can be no indulgence. I do not find any basis on which I can exercise my discretion. Accordingly the application fails and is dismissed with costs.
Made at Nakuru this 27th day of September, 2001.
A. A. LAKHA
...............
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR
Please Wait. Searching ...