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Court of AppealAllowedCivil Application No. Nai. 362 of 2001· [2002] KECA 51 (KLR)

Kenya Investments Limited v Thrift Homes Limited [2002] KECA 51 (KLR)

Court of Appeal of Kenya
30 July 2002
179 words in judgment
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The bottom line

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Kenya's Court of Appeal gave Kenya Investments extra time to file its appeal papers after Thrift Homes did not oppose, but ordered it to pay Kshs.10,000 in costs.

What this practically means

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Executive summary

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This is a brief chambers ruling by Gicheru, J.A. of the Court of Appeal at Nairobi in Civil Application No. Nai. 362 of 2001, an application by Kenya Investments Limited for an extension of time to file and serve the Notice of Appeal and the Record of Appeal out of time in an intended appeal against a ruling of the High Court of Kenya at Nairobi (Githinji, J.) dated 16th May 2000 in H.C.C.C. No. 1512 of 1998. The respondent, Thrift Homes Limited, did not oppose the application. On that basis the court granted the extension: time for lodging the Notice of Appeal was extended by 7 days from the date of the order, and time for lodging the record of appeal was extended by 15 days from the date of lodging the Notice of Appeal. Costs of the application, agreed at Kshs.10,000/=, were awarded to the respondent. The order is dated 30th July 2002. As an unopposed procedural ruling, it contains no reasoned analysis, no cited authorities, and no binding propositions of law; its significance is limited to the extension of time granted and the agreed costs award.

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 Notice of Appeal extended by 7 days from the date of the order
    2. 2.Time for lodging the record of appeal extended by 15 days from the date of lodging the Notice of Appeal
    3. 3.Costs of the application, agreed at Kshs.10,000/=, awarded to the respondent
    On appeal from
    High Court of Kenya at Nairobi
    H.C.C.C. No. 1512 of 1998
    Jurisdiction invoked
    Inherent/appellate jurisdiction of the Court of Appeal to extend time for filing a Notice of Appeal and Record of Appeal out of time in an intended appeal from the High Court (the order does not state the enabling provision)

    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, "Kenya Investments Limited v Thrift Homes Limited [2002] KECA 51 (KLR)", Case Analysis (2002). Civil Application No. Nai. 362 of 2001. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2002/51/eng@2002-07-30

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