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Court of AppealAllowedCivil Application No. Nai. 29 of 2000· [2000] KECA 134 (KLR)

A-D AVIATION (AIRCHARTER) LIMITED vs INTERNATIONAL AIRBOATS LIMITED [2000] KECA 134 (KLR)

Court of Appeal of Kenya

3 July 2000

JGJ. E. Gicheru

290 words in judgment

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The bottom line

Kenya's Court of Appeal granted a company extra time to file appeal documents, ruling that a one-week delay after an appeal was struck out was not 'inordinate delay'.

What this practically means

Executive summary

This is a single-Judge chambers ruling of the Court of Appeal at Nairobi by Gicheru, J.A., on an application under rule 4 of the Court of Appeal Rules for extension of time to lodge a notice of appeal and record of appeal. The applicant, A-D Aviation (Aircharter) Limited, intended to appeal against a ruling of Onyango Otieno, J. in High Court Civil Case No. 5489 of 1990 delivered on 15th October 1998. Its earlier Civil Appeal No. 291 of 1998 had been struck out by the Court of Appeal on 7th February 2000 for being incompetent. The present application was filed on 14th February 2000, only seven days later. The Judge held that this short interval did not amount to inordinate delay. The respondent, though served with the hearing notice on 30th June 2000, did not appear at the hearing. In the exercise of his discretion under rule 4, and in the absence of opposition, the Judge granted the application: time for lodging the notice of appeal was extended by 7 days from the date of the ruling, and time for lodging the record of appeal was extended by 15 days from the date of lodging the notice of appeal within the extended time. The court made no order as to the costs occasioned by the application, effectively leaving each party to bear its own costs of the application.

Key legal issues

Whether the delay of 7 days in bringing the extension-of-time application was inordinate

Holding

A 7-day delay between the striking out of the appeal and the filing of the extension application was not inordinate, justifying the grant of the extension.

Reasoning

The applicant's appeal had been struck out on 7th February 2000 for incompetence, and the application was made on 14th February 2000, only 7 days later. The court found this short interval did not constitute inordinate delay. With no appearance by the respondent to oppose despite service of the hearing notice, the Judge exercised his discretion under rule 4 in the applicant's favour and granted the extensions sought.

p. 1

Legal principles established

A single Judge of Appeal in chambers may, in the exercise of discretion under rule 4 of the Court of Appeal Rules, extend time for lodging a notice of appeal and record of appeal where the delay in applying is not inordinate, particularly where the respondent does not appear to oppose.

Court orders

1.Time for lodging the notice of appeal extended by 7 days from the date of the ruling
2.Time for lodging the record of appeal extended by 15 days from the date of lodging the notice of appeal within the extended time
3.No order as to the costs occasioned by the applicant's application

Authorities

Legislation

Court of Appeal RulesRule 4

On appeal from: High Court of Kenya at Nairobi; H.C.C.C. No. 5489 of 1990
Jurisdiction invoked: Rule 4 of the Court of Appeal Rules (extension of time)

Key timeline

Practical implications

Frequently asked questions

Cite this brief

Caselaw, "A-D AVIATION (AIRCHARTER) LIMITED vs INTERNATIONAL AIRBOATS LIMITED [2000] KECA 134 (KLR)", Case Analysis (2000). Civil Application No. Nai. 29 of 2000. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2000/134/eng@2000-07-03

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