REPUBLIC v FLORA NJOKI NJERU , EXPERTE CONTROLLER AND AUDITOR GENERAL & ANOTHER [2007] KECA 358 (KLR)
- Court
- Court of Appeal
- Case number
- 358
- Citation
- [2007] KECA 358 (KLR)
- Decided
- 20 April 2007
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to file and serve Notice of AppealCoramJudge, L.A. Osiemo, The Hon. Mr. Justice
Holding
The court granted the extension of time to file and serve Notice of Appeal and Record of Appeal from the ruling and order of the High Court of Kenya dated 12th September, 2006.
Facts
The Republic applied for an extension of time to file and serve Notice of Appeal and Record of Appeal from the ruling and order of the High Court of Kenya dated 12th September, 2006. The respondent was Flora Njoki Njeru.
Issues
- Whether the applicant was notified of the date of the ruling
- Whether leave of the court is needed for the filing of the notice and record of appeal out of time
- Whether it is in the interests of justice to extend time to enable the applicant to be heard on the appeal
- Whether the applicant has an arguable appeal which raises vital issues of law
Reasoning
The court considered the length of delay, the reason for the delay, and the chances of the appeal succeeding. The court concluded that the extension of time should be granted.
Outcome
The court granted the extension of time to file and serve Notice of Appeal and Record of Appeal.
Orders
- The time for lodging a Notice of Appeal from the decision of Osiemo J. delivered on 12th September 2006 be extended to expire seven days from the date of delivery of this ruling.
- The Notice of Appeal shall be served in accordance with rule 76 (1) of the Court of Appeal Rules within seven days of the lodging of the Notice of Appeal.
- The Record of Appeal shall be lodged within seven days from the date on which the Notice of Appeal is lodged and that the Record of Appeal shall be served on the respondent’s advocates within fourteen days of the lodging of the Record of Appeal.
Authorities cited
Cases cited (1)
- Leo Sila Mutiso v. Rose Helen Wangari Mwangi – Civil Application No NAI 251 of 1997 (unreported)
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