MOHAMED ABDULREHMAN MOHAMED HATIMY vs KALIDAS KANJI (AFRICA) LIMITED & KALIDAS KANJI & COMPANY LIMITED [2001] KECA 176 (KLR)
- Court
- Court of Appeal
- Case number
- 176
- Citation
- [2001] KECA 176 (KLR)
- Decided
- 9 December 2001
The applicant's application for extension of time is granted by 7 days from the date of the ruling and by 30 days thereafter for lodging and serving a record of appeal.
Facts
The applicant is the son of the late Sheikh Abdulrehman Mohamed Hatimy, who was a defendant in a previous civil case. The decision against which an appeal is intended was given on 15th February, 1996. The applicant's father filed Civil Appeal No. 18 of 1998, which was struck out as incompetent on 21st July, 1999. The applicant took a motion for an extension of time to restart the appeal process.
Issues
- Whether the applicant has the locus standi to file the appeal
- Whether the affidavit in support of the motion was properly sworn
Reasoning
The applicant has obtained a grant of Letters of Administration of his father's estate and claims his intended appeal is meritorious. The delay in taking out the motion was not inordinate and the applicant was not penalized for what was not within his powers to do.
Outcome
The applicant's application for extension of time is granted.
Orders
- Extension of time within which to file and serve a Notice of Appeal by 7 days from the date of the ruling
- Extension of time within which to lodge and serve a record of appeal by 30 days thereafter
Remedies
- Respondents shall have the costs of the motion assessed at Kshs.20,000/=
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