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Court of AppealAllowedNot stated in the judgment extract

Tawfiq Bus Services v Thomas Akomo Ojunga [2002] KECA 140 (KLR)

Court of Appeal of Kenya
27 November 2002
ASA. B. Shah
89 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~1 min to read original · ~4 min brief

The bottom line

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Kenya's Court of Appeal allowed an unopposed request to file a fresh notice and record of appeal, setting strict 7-day and 30-day deadlines.

What this practically means

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Executive summary

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This is a brief interlocutory ruling delivered by A. B. Shah, JA, sitting at Kisumu on 27 November 2002. The applicant sought leave in connection with the filing of appellate documents, and counsel for the respondent, Miss Okal, did not oppose the application. The court allowed the application unopposed and made two time-bound directions: a fresh notice of appeal was to be lodged within seven days, and a fresh record of appeal was to be lodged within thirty days of the lodgment of that notice. Costs of the application were made costs in the intended appeal, meaning they would be determined at the conclusion of the appeal itself rather than awarded immediately to either party. The ruling contains no discussion of legal authority, no citation of cases or statutes, and no framed issues for determination; it is a procedural directions ruling rather than a substantive appellate determination. No decision below was reviewed or disturbed, and the ruling establishes no binding precedent. The extract also omits the case title, case number, and party names, which limits full identification of the matter.

Questions the Court framed

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

  1. 1.Whether the applicant should be granted leave, the respondent not opposing, to lodge a fresh notice of appeal and a fresh record of appeal

Key legal issues

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Legal principles established

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    Court orders

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    1. 1.A fresh notice of appeal to be lodged within seven (7) days
    2. 2.A fresh record of appeal to be lodged within 30 days of the lodgment of the notice of appeal
    3. 3.Costs of the application to be in the intended appeal

    The bench

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

    AS
    majority

    Wrote the judgment

    Jurisdiction invoked
    Inherent/appellate jurisdiction of the Court of Appeal over an application relating to a notice/record of appeal (specific provision not stated in the judgment)

    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.

    I allow the application and order that a fresh notice appeal be lodged within the next seven (7) days and that a fresh record of appeal be lodged within 30 days of the lodgment of the notice of appeal.
    p. 1final orders - extension of time for filing notice and record of appeal
    Costs of this application will be in the intended appeal.
    p. 1costs order

    Issues in the judgment

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    material

    The judgment extract does not state the case title, case number, or the parties' names; only the applicant's counsel and the respondent's counsel (Miss Okal) are identifiable.

    minor

    The judgment does not identify the statutory or constitutional basis of jurisdiction or the decision appealed from.

    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, "Tawfiq Bus Services v Thomas Akomo Ojunga [2002] KECA 140 (KLR)", Case Analysis (2002). Not stated in the judgment extract. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2002/140/eng@2002-11-27

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