David Waiganjo Wamanda v Safari Camp Services Ltd [1997] KECA 148 (KLR)
Full Case Text
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: BOSIRE AG. JA (IN CHAMBERS)
CIVIL APPLICATION NO. NAI. 170 OF 1997
BETWEEN
DAVID WAIGANJO WAMANDA....................................APPLICANT
AND
SAFARI CAMP SERVICES LTD.................................RESPONDENT
(Application for extension of time to file notice of appeal and record of appeal
out of time in an intended appeal from a judgement, decree,) of the High Court
of Kenyaat Nairobi (Mr Justice Shah) dated 20th December 1994
in
H.C.C.C. No.775 of 1984) *****************
RULING
The applicant's earlier appeal was struck out on 26th June 1997 because, firstly there was variance between the date of the judgment and of the decree appealed against and, secondly, because his record of appeal did not include the exhibits which had been produced before the trial court. In this application he seeks extension of time under rule 4 of the Rules of this court to file a competent appeal. After his appeal was struck out the applicant says he has taken the necessary steps to have the date of the superior court judgment, against which his intended appeal relates, amended. He filed this application within a month. The delay in doing so is not inordinate.
The respondent opposes the application but in my view the ground which it relies upon is tenuous because there is no legal impediment to an applicant whose appeal has been struck out for being incompetent seeking extension of time within which to file a competent appeal.
In the above circumstances I consider this to be a fit case for exercising my discretion in favour of extending time.
Accordingly I extend the time within which to file a fresh notice of appeal, by 7 days from the date hereof and for lodging a record of appeal by a further 30 days.
Dated at Nairobi this 29th day of October 1997.
S.E.O. BOSIRE
...................................
AG. JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR