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Court of AppealAllowedNot stated in judgment

John Akarwa v Alfred Inatkimoso [1998] KECA 100 (KLR)

Court of Appeal of Kenya
26 November 1998
RKR. O. Kwach
126 words in judgment
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The bottom line

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Kenya's Court of Appeal granted an unopposed extension of time to file an appeal record and penalised the respondent with costs for skipping the hearing.

What this practically means

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Executive summary

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This is a brief, unopposed ruling of the Court of Appeal at Kisumu delivered by Kwach, JA, on 26 November 1998, determining an application under rule 4 of the Court of Appeal Rules for extension of time within which to lodge the record of appeal. Mr. Omukunda appeared for the respondent and did not oppose the application. The court accordingly granted the application and extended the time for lodging the record of appeal to 15 January 1999. On costs, the court exercised its discretion against the respondent, assessing costs at Shs.2,000/= payable by the respondent to the applicant. The court justified this on the ground that the respondent had deliberately disregarded the process of the court by failing to appear, either in person or by counsel, on Tuesday 24 November 1998, thereby causing unnecessary inconvenience to the applicant's advocate and to the court. Payment was ordered within 7 days, in default of which execution was to issue. The ruling is a short interlocutory decision on case-management discretion; it sets out no extended reasoning, cites no authorities, and establishes no binding precedent beyond the exercise of the rule 4 discretion on the facts. The judgment does not disclose the appeal number, the parties' identities, or the decision from which the appeal is brought.

Questions the Court framed

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

  1. 1.Whether the time for lodging the record of appeal should be extended under rule 4 of the Court of Appeal Rules

Key legal issues

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Legal principles established

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    Court orders

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    1. 1.Time for lodging the record of appeal extended to 15.1.99
    2. 2.Costs assessed at Shs.2,000/= to be paid by the respondent to the applicant within 7 days, in default of which execution to issue

    The bench

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

    RK
    majority

    Wrote the judgment

    Jurisdiction invoked
    Rule 4 of the Court of Appeal Rules (extension of time)

    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.

    The application is accordingly granted and the time for lodging the record of appeal is hereby extended to 15.1.99.
    p. 2Final orders - extension of time
    Costs assessed at Shs.2,000/= to be paid by the respondent to the applicant as the former deliberately disregarded the process of the court and failed to appear either in person or by counsel
    p. 2Costs - respondent's non-attendance

    Issues in the judgment

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    material

    The judgment does not state the case number, the parties' names, or the decision appealed from; only the application under rule 4 and the extension order are recorded.

    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, "John Akarwa v Alfred Inatkimoso [1998] KECA 100 (KLR)", Case Analysis (1998). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/1998/100/eng@1998-11-26

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