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Court of AppealOtherCivil Application No. 245 of 1998· [1998] KECA 123 (KLR)
Cardinal Wilson Owino & 2 others v Pope Timothy Ahitler [1998] KECA 123 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#A church dispute appeal ended quietly when the applicants withdrew their bid to file an appeal record late, with each side bearing its own costs.
What this practically means
#Executive summary
#This was a brief ruling delivered in chambers by Tunoi JA at Kisumu on 24th November 1998 in Civil Application No. 245 of 1998. The application, brought by notice of motion dated 16th October 1997, sought an extension of time within which to file a record of appeal out of time from a decision of Wambilianga J in H.C.C.C. No. 115 of 1995 dated 24th May 1997. When the matter came up for hearing, counsel for the respondent, who the court recorded as deceased, was absent. The Judge expressed satisfaction that counsel was aware of the hearing date. In those circumstances the applicants sought to withdraw the application, and the court held that the withdrawal could not be refused. The application was accordingly marked as withdrawn, with no order as to costs. No substantive determination was made on the extension of time, no authority was cited, and no legal principle was laid down; the ruling is purely procedural and of no precedential value. The decision below in the High Court was not reviewed or disturbed in any way.
Key legal issues
#Legal principles established
#Court orders
#- 1.The application for withdrawal is marked as withdrawn
- 2.No order as to costs
- On appeal from
- High Court of Kenya
- H.C.C.C. No. 115 of 1995
- Jurisdiction invoked
- Inherent jurisdiction of the Court of Appeal over applications for extension of time to file a record of appeal (single Judge in chambers)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Cardinal Wilson Owino & 2 others v Pope Timothy Ahitler [1998] KECA 123 (KLR)", Case Analysis (1998). Civil Application No. 245 of 1998. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/1998/123/eng@1998-11-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.