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Court of AppealAllowedCivil Appli Nai 332 of 2005 (NAK. 16/2005)· [2006] KECA 318 (KLR)
Julia Wacheke Mungai v Betty Ngendo Gachie, Amosam Builders & Development Ltd & Nakuru Municipal Council
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·~1 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#This is a short unopposed ruling of the Court of Appeal at Nakuru (Omolo, JA) on a notice of motion dated 14th November 2005 by Julia Wacheke Mungai seeking enlargement of time to lodge and serve a Notice and Record of Appeal out of time. The intended appeal lies from the judgment and decree of the High Court of Kenya at Nakuru (Rimita, J) dated 26th January 2001 in HCCC No. 104 of 1992, in which the applicant faced Betty Ngendo Gachie, Amosam Builders & Development Ltd, and Nakuru Municipal Council. The 1st and 2nd respondents, whose advocates were present, did not oppose the motion; the 3rd respondent was served with notice of the hearing but did not appear to oppose. In those circumstances the court allowed the motion and made three orders: the applicant to lodge and serve her notice of appeal within seven days; to lodge her record of appeal within fourteen days of lodging the notice of appeal, and to serve it on the respondents within seven days of lodgment; and the costs of the motion to be in the intended appeal. The ruling contains no extended reasoning, no citation of authorities, and no determination of the merits; it is a procedural case-management decision turning entirely on the absence of opposition.
Key legal issues
#01
Whether time for lodging and serving the Notice and Record of Appeal should be enlarged
Holding
Time was enlarged; the applicant was granted seven days to lodge and serve the notice of appeal and fourteen days to lodge the record of appeal, with service within seven days of lodgment
Reasoning
The 1st and 2nd respondents, through counsel present, did not oppose the motion; the 3rd respondent was served but did not appear to oppose. In the absence of opposition, the single judge allowed the motion and set timelines for lodgment and service.
p. 1
Legal principles established
#- An unopposed extension-of-time motion may be allowed where no respondent opposes and the absent served party does not appear
Court orders
#- 1.The applicant shall lodge and serve her notice of appeal within seven days of the date hereof
- 2.The applicant shall lodge her record of appeal within fourteen days from the date the notice of appeal is lodged in Court, and serve it on the respondents within seven days from the date of its lodgment in Court
- 3.The costs of the present motion shall be in the intended appeal
- On appeal from
- High Court of Kenya at Nakuru
- HCCC No. 104 of 1992
- Jurisdiction invoked
- Inherent jurisdiction of the Court of Appeal to enlarge time for lodging and serving a Notice and Record of Appeal (extension-of-time application under the appellate rules)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Julia Wacheke Mungai v Betty Ngendo Gachie, Amosam Builders & Development Ltd & Nakuru Municipal Council", Case Analysis (2006). Civil Appli Nai 332 of 2005 (NAK. 16/2005). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2006/318/eng@2006-03-01
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.