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Court of AppealAllowedNot stated in judgment

JAYANT KUMAR VRAJLAL SHAH & MRS. SHIKSHA DEVIDAS vs MIDCO HOLDINGS (E.A) LIMITED & SUMMIT TEXTILES LIMITED [2000] KECA 410 (KLR)

Court of Appeal of Kenya
19 January 2000
RKR. O. Kwach
186 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Court of Appeal granted extra time to appeal because the applicants acted quickly after their earlier appeal papers were rejected.

What this practically means

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Executive summary

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This is a short single-Judge ruling of the Court of Appeal at Nairobi, delivered by Kwach JA on 19th January 2000, on an application under rule 4 of the Court of Appeal Rules for extension of time to file a Notice of Appeal and a Record of Appeal. The decision the applicants wished to challenge had been given by Kasanga Mulwa J on 2nd February 1999. Appeals the applicants had filed in the Court of Appeal to contest that decision were struck out on 4th October 1999 as incompetent. The present application was filed promptly on 14th October 1999, ten days after the striking out. Kwach JA held that the applicants were entitled to the orders sought because the application was brought without delay and no ground had been urged to disentitle them to the exercise of his discretion. He accordingly allowed the application and extended time for filing a Notice of Appeal by 14 days from the date of the ruling, and for lodging the Record of Appeal by 15 days from the date of filing the Notice of Appeal. Costs were assessed at Shs 10,000/- payable to the respondents. The ruling is a routine discretionary decision on extension of time; it cites no authorities and sets out no extended reasoning, but confirms that promptness following the striking out of incompetent appeals, coupled with absence of opposing grounds, supports a grant of extension under rule 4.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the applicants are entitled to an extension of time to file a Notice of Appeal and a Record of Appeal

Key legal issues

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01

Extension of time to file Notice of Appeal and Record of Appeal

Holding

The applicants were entitled to the orders sought because the application was filed promptly after their appeals were struck out as incompetent, and no ground was urged to disentitle them to the court's discretion.

Reasoning

The decision sought to be appealed was delivered on 2nd February 1999; the applicants' appeals were struck out as incompetent on 4th October 1999; the present application was filed promptly on 14th October 1999. Given the absence of delay and of any countervailing ground, the single Judge of Appeal exercised his discretion under rule 4 in the applicants' favour and granted defined periods for filing the Notice of Appeal and lodging the Record of Appeal.

p. 2

Legal principles established

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  • An application for extension of time brought promptly, without delay, and with no ground urged against it, merits the exercise of the court's discretion in the applicant's favour.

Court orders

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  1. 1.Extension of time for filing a Notice of Appeal by 14 days from the date of the ruling
  2. 2.Extension of time for lodging the Record of Appeal by 15 days from the date of filing the Notice of Appeal
  3. 3.Costs assessed at Shs 10,000/- to the respondents

The bench

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One judgment of the whole court — no separate or dissenting opinions.

RK
majority

Wrote the judgment

On appeal from
High Court of Kenya
Not stated
Jurisdiction invoked
Rule 4 of the Court of Appeal Rules

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

Accordingly, I allow the application and extend the time for filing a Notice of Appeal by 14 days from today, and for lodging the Record of Appeal by 15 days from the date of filing the Notice of Appeal.
p. 2Final orders - extension of time granted
the application was brought without delay and no ground has been urged to disentitle them to my discretion
p. 2Basis for exercise of discretion under rule 4

Issues in the judgment

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minor

The judgment does not state the case number, the names of the parties, or the subject matter of the underlying decision of Kasanga Mulwa J; the applicants and respondents are identified only by their roles.

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "JAYANT KUMAR VRAJLAL SHAH & MRS. SHIKSHA DEVIDAS vs MIDCO HOLDINGS (E.A) LIMITED & SUMMIT TEXTILES LIMITED [2000] KECA 410 (KLR)", Case Analysis (2000). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2000/410/eng@2000-01-19

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.