[2008] KEHC 2790 (KLR)
The court found that there was a significant and unexplained delay between the date the proceedings were signed (18/12/2006) and the date the application was filed (28/8/2007). The applicant failed to provide a satisfactory explanation for this delay. As a result, the court held that the delay was inordinate and...
Source-derived case information.
- Citation
- [2008] KEHC 2790 (KLR)
- Parties
- Applicant: Anthony Ireri Mikinyango; Respondent: Njeru Kivui
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- ? 95 of 2007
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application dismissed with costs
- Legal Topics
- Extension of Time, Appeal Rights, Review Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Anthony Ireri Mikinyango
Applicant
Njeru Kivui
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the delay in filing the application for leave to appeal was inordinate and unexplained.
- 2 Whether the applicant is entitled to extension of time to appeal against the dismissal of an application for review.
Ratio Decidendi
The court found that there was a significant and unexplained delay between the date the proceedings were signed (18/12/2006) and the date the application was filed (28/8/2007). The applicant failed to provide a satisfactory explanation for this delay. As a result, the court held that the delay was inordinate and dismissed the application for extension of time to appeal. The right to appeal exists, but procedural requirements, including timely filing and explanation for delay, must be satisfied. Failure to meet these requirements is fatal to the application.
Court Disposition
application dismissed with costs
Orders
- The application is dismissed with costs to the respondent.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
Misc Appli 95 of 2007
ANTHONY IRERI MIKINYANGO…...…………………APPLICANT
VERSUS
NJERU KIVUI……………………………………….RESPONDENT
RULING
Orders made under Order 44 Rule 3 are appealable as right. The applicant wishes to appeal against the dismissal of an application for review. The order is dated 31/10/2006 in SPM CC 139 of 1999. Application for proceedings and ruling was made on 6/11/2006 and were signed on 18/12/2006. There is no certificate of delay but the record is dated. This application was filed on 28/8/2007. There is delay between 18/12/2006 to 28/8/2007. There is no satisfactory explanation given for the delay.
In the circumstances the delay is inordinate. The application is dismissed with costs.
Dated this 28th January, 2008.
J. N. KHAMINWA
JUDGE
28/1/2008
Khaminwa – Judge
Njue – Clerk
Mr. Okwaro
Mr. Kathungu
Read in open court
J. N. KHAMINWA
JUDGE