[2025] KEHC 9880 (KLR)
The court found that the delay in filing the application for leave to appeal out of time was not unreasonable and that the reasons advanced by the applicant were plausible. Exercising its discretion under Section 79G of the Civil Procedure Act, the court allowed the application and granted the applicant leave to...
Source-derived case information.
- Citation
- [2025] KEHC 9880 (KLR)
- Parties
- Applicant: Jared Omugada Aura; Respondent: Transpares Kenya Ltd
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E114 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application allowed
- Judges
- WM Musyoka
- Legal Topics
- Leave to Appeal Out of Time, Extension of Time, Appeal Procedure
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jared Omugada Aura
Applicant
Transpares Kenya Ltd
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant has provided sufficient reason for delay in filing the appeal out of time.
- 2 Whether leave to appeal out of time should be granted.
Ratio Decidendi
The court found that the delay in filing the application for leave to appeal out of time was not unreasonable and that the reasons advanced by the applicant were plausible. Exercising its discretion under Section 79G of the Civil Procedure Act, the court allowed the application and granted the applicant leave to file the appeal out of time, directing that the appeal be lodged within thirty days from the date of the ruling.
Court Disposition
application allowed
Orders
- Leave is granted to the applicant to file the appeal out of time.
- The appeal shall be lodged within thirty days of the date of this ruling.
Full Case Text
Judgment text and source record
19 paragraphs
Aura v Transpares Kenya Ltd (Miscellaneous Application E114 of 2024) [2025] KEHC 9880 (KLR) (4 July 2025) (Ruling)
Neutral citation: [2025] KEHC 9880 (KLR)
Republic of Kenya
In the High Court at Busia
Miscellaneous Application E114 of 2024
WM Musyoka, J
July 4, 2025
Between
Jared Omugada Aura
Applicant
and
Transpares Kenya Ltd
Respondent
Ruling
1. The Motion, dated 26th September 2024, is for leave to file appeal out of time.
2. Judgement was delivered on 21st August 2024. Appeal should have been filed within thirty days, of that date, which roughly means that the thirty days lapsed on or about 21st September 2024. The instant appeal was lodged herein on 1st October 2024.
3. I am not persuaded that there was unreasonable delay in the filing of the application for leave to appeal out of time. The reasons given also sound plausible.
4. Consequently, I do hereby allow the application, dated 26th September 2024. The appeal shall be lodged within the next thirty days of the date of delivery of this ruling. Orders accordingly.
DELIVERED, DATED AND SIGNED, IN OPEN COURT, AT BUSIA ON THIS 4TH DAY OF JULY 2025. WM MUSYOKAJUDGEMr. Arthur Etyang, Court Assistant.AdvocatesMr. Mukisu, instructed by Mukisu & Company, Advocates for the applicant.