[1999] KECA 32 (KLR)
The court found that the applicants had satisfactorily explained the delay in filing the application for leave to appeal out of time. Since the respondents did not oppose the application despite being duly served, and there was no explanation for their absence, the court exercised its discretion in favour of the...
Source-derived case information.
- Citation
- [1999] KECA 32 (KLR)
- Parties
- Applicant: John Kibogy; Applicant: Jonathan L. Kibogy; Respondent: Prudential Finance Co. Limited; Respondent: Capital Auctioneers; Respondent: Kamau
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- ? 159 of 1999
- Procedural Posture
- Civil Application / Application for Extension of Time to File Appeal
- Outcome
- Application allowed. Leave to appeal out of time granted.
- Legal Topics
- Extension of Time, Appeals Process, Discretion of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Kibogy
Applicant
Jonathan L. Kibogy
Applicant
Prudential Finance Co. Limited
Respondent
Capital Auctioneers
Respondent
Kamau
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to File Appeal
Legal Issues
- 1 Whether the applicants have provided sufficient explanation for the delay in filing the appeal.
- 2 Whether the court should exercise its discretion to grant leave to appeal out of time.
Ratio Decidendi
The court found that the applicants had satisfactorily explained the delay in filing the application for leave to appeal out of time. Since the respondents did not oppose the application despite being duly served, and there was no explanation for their absence, the court exercised its discretion in favour of the applicants. Leave to appeal out of time was granted, with specific timelines for filing the notice of appeal and the record of appeal. Costs were ordered to abide the outcome of the intended appeal.
Court Disposition
Application allowed. Leave to appeal out of time granted.
Orders
- Applicants to file the Notice of Appeal within seven (7) days of the ruling.
- Applicants to lodge the record of appeal within 21 days thereafter.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAKURU (CORAM: TUNOI, J.A. (IN CHAMBERS) CIVIL APPLICATION NO. NAI. 159 OF 1999
BETWEEN
1. JOHN KIBOGY
2. JONATHAN L. KIBOGY................................APPLICANTS
AND
1. PRUDENTIAL FINANCE CO. LIMITED
2. CAPITAL AUCTIONEERS
3. KAMAU............................................RESPONDENTS
(An application for Extension of time to file an Appeal from a Judgment of the High Court of Kenya at Eldoret (Lady Justice Nambuye) dated 11th November, 1997
in
H.C.C.C. NO. 156 OF 1991)
**************** R U L I N G
The respondents are absent though they were duly served with this application and formally notified of the hearing date by the Court. There is no explanation for their absence. Thus, the application is not opposed. The delay in lodging this application after the appeal was struck out on 26th February, 1999, has been explained to my satisfaction. I exercisemy discretion in favour of the applicants and grant the application as prayed. The applicants are granted leave to appeal out of time. They shall file the Notice of Appeal within seven (7) days hereof and lodge the record of appeal within 21 days thereafter. Costs of this application shall abide the results of the intended appeal.
Made at Nakuru this 22nd day of September, 1999.
P. K. TUNOI
-------------------
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR