K. IDDI vs SEIF BIN SALIM TRUSTEES [2003] KECA 115 (KLR)

Facts

The applicant, Ibrahim K. Iddi, sought an extension of time to have the notice of appeal deemed as properly filed and lodged in an intended appeal from the ruling of the High Court of Kenya at Mombasa (Comm Tutui) dated 12th February, H.C.C.C. NO. 564 OF 2000. There was a motion for urgency due to the potential sale of the applicant's residential property.

Issues

1. Whether the application for extension of time to have the notice of appeal deemed as properly filed and lodged in an intended appeal should be granted.
2. Whether the motion for urgency should be certified as urgent.

Reasoning

The judge declined to certify the application as urgent initially due to the absence of an amended notice of motion on the Court file. However, the judge saw no impediment in certifying the application as urgent as the intended appeal could result in irreparable damage to the applicant's residential property if it were to be sold.

Outcome

The application for extension of time to have the notice of appeal deemed as properly filed and lodged in an intended appeal is granted.