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Court of AppealAllowed· [2005] KECA 43 (KLR)

Gad David Ojuando v 1. Prof. Nimrod Bwibo (chairman Maseno University Council) 2. Prof. F. N. Onyango & 2 others

Court of Appeal of Kenya
25 November 2005
EOE. O. O'Kubasu
118 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Court of Appeal granted extra time to appeal when no one objected, showing unopposed extension applications are usually straightforward.

What this practically means

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Executive summary

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This was a single-judge application under rule 4 of the Court of Appeal Rules, heard at Kisumu, in which the applicant sought an extension of time to file and serve a notice of appeal out of time and to lodge the record of appeal. The respondent did not oppose the application. The Court accordingly allowed the application and gave directions on timing: the notice of appeal was to be filed and served within 7 days of the order, and the record of appeal was to be lodged within 30 days from the date the notice of appeal was filed. Costs were agreed at Shs.3,500/= payable to the respondent. The order was made on 25th November 2005. The ruling is brief and contains no discussion of the principles governing extension of time, no citation of authorities, and no analysis of the reasons for the delay; it records only the procedural grant of the extension on an unopposed basis. It establishes no new binding precedent beyond confirming that an unopposed rule 4 application may be granted with agreed costs.

Key legal issues

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01

Extension of time to file notice of appeal and lodge record of appeal

Holding

The unopposed application was allowed, with the notice of appeal to be filed and served within 7 days and the record of appeal within 30 days of filing the notice.

Reasoning

The application was brought under rule 4 of the Court of Appeal Rules seeking leave to file and serve a notice of appeal out of time and to lodge the record of appeal. The respondent did not oppose the application. In the absence of opposition, the single judge exercised the discretion to grant the extension and fixed timetables for compliance, with costs agreed at Shs.3,500/= to the respondent.

p. 2

Legal principles established

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  • An unopposed extension-of-time application under rule 4 may be allowed on the court's discretion without contest

Court orders

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  1. 1.Application allowed
  2. 2.Notice of appeal to be filed and served within 7 days from the date of the order
  3. 3.Record of appeal to be lodged within 30 days from the date the notice of appeal is filed
  4. 4.Costs agreed at Shs.3,500/= to the respondent
Jurisdiction invoked
Rule 4 of the Court of Appeal Rules

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, "Gad David Ojuando v 1. Prof. Nimrod Bwibo (chairman Maseno University Council) 2. Prof. F. N. Onyango & 2 others", Case Analysis (2005). . Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2005/43/eng@2005-11-25

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