Customer Support

JACKSON SABATIA
V.
ELIZABETH AMAIZA & 3 OTHERS

(2006) JELR 105189 (CA)

Court of Appeal 22 Nov 2006 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:Civ Appli 183 of 2006
Judges:Philip Kiptoo Tunoi
Location:Kisumu
Other Citations:Jackson Sabatia v. Elizabeth Amaiza & 3 others [2006] eKLR

R U L I N G

By this application expressed to be brought under rules 4 and 41 of the Court of Appeal Rules, the applicant, JACKSON SABATIA, seeks extension of time within which to file and serve notice of appeal upon the respondent.

The 1st respondent has appeared through Mr. Aswani, Advocate. The 2nd-4th respondents, though duly served, are absent.

The decision, the subject matter of the intended appeal, was delivered on 5th November, 2004. An appeal against it being Kisumu C.A. No. 194 of 2005 was duly lodged. However, by its ruling made on 16th June, 2006, this Court struck out the said appeal on the ground that the record thereof was served outside the time prescribed by the Rules. The dismissal triggered this Motion which was lodged on 20th June, 2006 – four (4) days after the event.

In my view, the applicant has not been guilty of any laches in trying to resuscitate the intended appeal or in putting in motion a new appeal. It cannot in the circumstances be said to have been guilty of…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.