[1997] KECA 221 (KLR)
The court refused to exercise its discretion to grant an extension of time due to the applicants' failure to comply with mandatory procedural requirements. The application was presented in a slip-shod manner, lacking essential documents such as the dated ruling, reasons for the ruling, and relevant pleadings. The...
Source-derived case information.
- Citation
- [1997] KECA 221 (KLR)
- Parties
- Applicant: Amos Leitato Kishoyian & 4 Others; Respondent: Keroke Ole Nkoitiko & 11 Others
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 331 of 1996
- Procedural Posture
- Civil Application / Application for Leave to File Appeal Out of Time
- Outcome
- application struck out with costs
- Judges
- AB Shah
- Legal Topics
- Extension of Time, Appeal Procedure, Non Compliance With Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Amos Leitato Kishoyian & 4 Others
Applicant
Keroke Ole Nkoitiko & 11 Others
Respondent
Procedural Posture
Civil Application / Application for Leave to File Appeal Out of Time
Legal Issues
- 1 Whether the applicants have satisfied the requirements for extension of time to file and serve a notice of appeal out of time.
- 2 Whether the application complies with the mandatory procedural rules regarding appeals.
Ratio Decidendi
The court refused to exercise its discretion to grant an extension of time due to the applicants' failure to comply with mandatory procedural requirements. The application was presented in a slip-shod manner, lacking essential documents such as the dated ruling, reasons for the ruling, and relevant pleadings. The applicants also failed to serve the letter bespeaking proceedings to the respondents. The court emphasized that compliance with procedural rules is not optional, and the deficiencies in the application were fatal. Consequently, the application was struck out with costs.
Court Disposition
application struck out with costs
Orders
- The application is struck out with costs.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: SHAH J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. NAI 331 OF 1996
BETWEEN
AMOS LEITATO KISHOYIAN & 4 OTHERS....................APPLICANTS
AND
KEROKE OLE NKOITIKO & 11 OTHERS......................RESPONDENT
(Application for leave to file an appeal out of time and file and serve Notice of Appeal out of time in an intended appeal from ruling of the High Court of Kenya at Nairobi (Mr. Justice Aganyanya) dated 31st July, 1996 in H.C.C.C. NO. 1705 OF 1996
R U L I N G
This is a most unsatisfactory application. It took some minutes for applicant's counsel to even `fish' out the notice of appeal, to show to me that the same was filed on 5th August, 1996. On being asked if a copy of the letter bespeaking the copies of the proceedings was sent to the respondent's advocates counsel for the applicant said no. The ruling which is sought to be appealed against is not dated. The reasons for such ruling, given later, do not have a date also. The mandatory requirements of order 20 rule 3(1) as held with order 20 rule 7(b) have not been complied with. The application before me gives no inkling to me as to what it is all about. Plaint and defence in the superior court are not before me. Nor is the application which was dismissed by the learned judge.
I do not intend to exercise my discretion under rule 4 in view of the slip-shod manner in which this application is before me. It is struck out with costs.
Dated and delivered at Nairobi this 2nd day of May, 1997.
A.B. SHAH
.....................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR