judy.legal
Login Register

DANIEL OLUKOBA WAMATSI V. BENSON OMURMA, PASCAL WANGA WAMATSI & WILFRED BUKUSU WAMATSI

(2003) JELR 105603 (CA)

Court of Appeal  •  Civil Application 311 of 2001  •  28 Mar 2003  •  Kenya

Coram
Moijo Matayia Ole Keiwua

Judgement

RULING

The application is for extension of time within which to file and serve the Memorandum and Record of Appeal. The applicant was, due to ill health coupled with inability to raise the required filing fees and security for costs, unable to instruct his advocate in time to file and serve these documents. The intended appeal is not without merit and the grant of the application would facilitate the determination of it on merit.

Judgment in HCCC No 240 of 1990 was delivered on October 12, 2000 when the applicant, who was sick, was present in court and instructed his advocate to file a Notice of Appeal, which was filed on October 18, 2000 and served on October 23, 2000. The applicant’s advocate applied for copies of proceedings and judgment on October 24, 2000, which were paid for on October 30, 2000. The applicant had been undergoing surgical operations on his stomach, which occurred in September 2000, in April and June 2001. Letters from doctors who were involved in the operations vou…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login