[2020] KECA 305 (KLR)
The court found that the applicant had demonstrated sufficient cause for the delay in filing the record of appeal. Applying the principles under Rule 4 of the Court of Appeal Rules and relevant case law, the court exercised its discretion in favour of the applicant. The court was satisfied that the delay was...
Source-derived case information.
- Citation
- [2020] KECA 305 (KLR)
- Parties
- Applicant: Attorney General; Respondent: Mike Maina Kamau
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 553 of 2020
- Procedural Posture
- Civil Appeal / Application for Extension of Time to File Record of Appeal
- Outcome
- Application allowed.
- Judges
- RN Nambuye
- Legal Topics
- Extension of Time, Appellate Practice, Record of Appeal Filing, Court of Appeal Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Attorney General
Applicant
Mike Maina Kamau
Respondent
Procedural Posture
Civil Appeal / Application for Extension of Time to File Record of Appeal
Legal Issues
- 1 Whether the applicant has demonstrated sufficient cause for extension of time to file the record of appeal.
- 2 Whether the record of appeal filed out of time should be deemed as properly filed.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient cause for the delay in filing the record of appeal. Applying the principles under Rule 4 of the Court of Appeal Rules and relevant case law, the court exercised its discretion in favour of the applicant. The court was satisfied that the delay was explained, the record of appeal had been filed, and no undue prejudice would be occasioned to the respondent. Consequently, the court extended the time for filing the record of appeal to the date it was actually filed and deemed the record as properly filed.
Court Disposition
Application allowed.
Orders
- Time for filing of the record of appeal is extended to 14th November 2019, the date on which the Record of Appeal was filed.
- The Record of Appeal as filed is deemed as properly filed.
Full Case Text
Judgment text and source record
27 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: NAMBUYE, J.A (IN CHAMBERS)
CIVIL APPEAL (APPLICATION) NO. 553 OF 2020
BETWEEN
ATTORNEY GENERAL.......APPLICANT
AND
MIKE MAINA KAMAU...RESPONDENT
(An appeal seeking to extend the period of filing of the record of appeal from the decision of the Environment and Land Court (Hon. L. Gacheru, J.) dated 29thNovember 2017 inThika ELC No. 1303 of 2014)
**********************
RULING OF THE COURT
1. UPONperusing the Notice of Motion dated 16th July 2020 under Article 164(3)(a) of the Constitution, Sections 3, 3A and 3B of the Appellate Jurisdiction Act, andRule 4of theCourt of Appeal Rules 2010, substantively seeking an order that the Honourable Court be pleased to extend the time of filing of the record of appeal; an order that the honourable court be pleased to order that the record of appeal already filed being Civil Appeal No. 553 of 2019 be deemed as properly filed; and an order that costs of the application be in the cause; and
2. UPONreading the grounds in the body of the application and the supporting affidavit of Prof. ARCH. Paul M. Maringa sworn on 16th July 2020 together with annextures thereto; and
3. UPONperusing the replying and further replying affidavits sworn byMike Maina Kamauon 5th August 2020 and 26th August 2020 respectively together with annextures thereto; and
4. UPONconsidering the written submissions of the applicant dated 3rd August 2020; and
5. HAVINGconsidered the principles that guide this court in the exercise of its mandate under Rule 4 of this Court’s rules, being the substantive rule for extension of time within which to comply as restated and crystalized in the case of Martin W. Nguru vs. Attorney General [2020] eKLR andVishva Stone Suppliers Company Limited vs. RSR Stone [2006] Limited [2020] eKLR, I am satisfied that the Appellant/Applicant’s application is meritorious; and
6. Having reached that conclusion, I make the following orders:
i. Time for filing of the record of appeal is extended to 14thNovember 2019, the date on which the Record of Appeal was filed.
ii. The Record of Appeal as filed is deemed as properly filed.
iii. Costs of the application to abide the outcome of the appeal.
Dated and delivered at Nairobi this 9thday of October, 2020.
R. N. NAMBUYE
...................................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
Signed
DEPUTY REGISTRAR