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Court of AppealOtherCivil Application 112 of 2008· [2008] KECA 23 (KLR)
Ease Move Logistics Company Limited & another v Joshua Otieno Sirare [2008] KECA 23 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#The Court of Appeal in Kenya adjourned the logistics company's request for extra time to appeal, asking both sides to file more documents first.
What this practically means
#Executive summary
#This document from the Court of Appeal at Nakuru is an interlocutory order, not a final judgment. It arises in Civil Application 112 of 2008, an application by Ease Move Logistics Company Limited and Daniel Moronge Rurii for extension of time to file and serve a notice of appeal and record of appeal out of time in an intended appeal from the judgment and decree of the High Court of Kenya at Kericho (Koome, J.) dated 21st February 2008 in H.C.C.C. No. 54 of 2006, in which Joshua Otieno Sirare sues as personal representative of the estate of Augustine Yalla Sirare. Tunoi, JA, adjourned the application part-heard to the next session, directing the parties to lodge further proceedings and annexures demonstrating the coram of the High Court on the date of the judgment under challenge, and granted leave to supply those documents by way of further affidavits. Costs were left in the application. Because the extension-of-time application remains undetermined, no substantive holdings, binding propositions, or final disposition can be recorded, and the decision below is unaffected. The document contains no citations of authorities or statutes.
Key legal issues
#Legal principles established
#Court orders
#- 1.Adjournment of the application part-heard to the next session
- 2.Direction that parties lodge further proceedings and annexures showing the coram of the High Court on 21st February 2008
- 3.Leave granted to the parties to provide these documents by way of further affidavits
- 4.Costs in the application (reserved to the application's outcome)
- On appeal from
- High Court of Kenya at Kericho
- H.C.C.C. No. 54 of 2006
- Jurisdiction invoked
- Inherent/appellate jurisdiction of the Court of Appeal under the applicable procedure rules governing extension of time (not expressly stated in the order)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ease Move Logistics Company Limited & another v Joshua Otieno Sirare [2008] KECA 23 (KLR)", Case Analysis (2008). Civil Application 112 of 2008. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2008/23/eng@2008-10-02
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.