[2005] KEHC 1438 (KLR)
The court found that the applicant failed to provide any explanation for the delay in filing the appeal or to demonstrate that the intended appeal had merit. The supporting affidavit did not establish sufficient cause for the extension sought. The absence of opposition from the respondent did not relieve the...
Source-derived case information.
- Citation
- [2005] KEHC 1438 (KLR)
- Parties
- Applicant: Charles J.O. Omwodo; Respondent: Amina Shakib
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 348 of 2005
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Extend Time for Filing Appeal
- Outcome
- application dismissed
- Legal Topics
- Extension of Time, Appeals Out of Time, Children Court Judgments
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles J.O. Omwodo
Applicant
Amina Shakib
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Extend Time for Filing Appeal
Legal Issues
- 1 Whether the applicant has shown sufficient cause for extension of time to file an appeal out of time.
- 2 Whether there is merit in the intended appeal.
Ratio Decidendi
The court found that the applicant failed to provide any explanation for the delay in filing the appeal or to demonstrate that the intended appeal had merit. The supporting affidavit did not establish sufficient cause for the extension sought. The absence of opposition from the respondent did not relieve the applicant of the burden to justify the delay. Consequently, the application for extension of time was dismissed for lack of merit.
Court Disposition
application dismissed
Orders
- The application to extend time for filing an appeal out of time is dismissed.
- No order as to costs.
Full Case Text
Judgment text and source record
8 paragraphs
REPULIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA Misc Civ Appli 348 of 2005CHARLES J.O. OMWODO ……………………………………..………PLAINTIFF VERSUS AMINA SHAKIB ………………………………………………………DEFENDANTR U L I N G In this matter an application has been filed to extend time for filing an appeal out of time.
The judgement was made in the Children Court in case No. 142/03. Judgement in that case was delivered on 4/2/2005.
It is not shown why appeal was not filed in time or how long the delay has been. On the hearing of this application there is some evidence that the Respondent was served but she did not appear neither did she file any opposition.
However I have examined the record and I am not satisfied that there is good reason why appeal was not filed in time.
I have also perused the record and particularly the supporting affidavit para. 9 and I see the objections taken by the Applicant were made before the trial magistrate. I am not convinced that there is a strong appeal in the matter.
I therefore find no merit in this application and the same is dismissed with no order as to costs since the Respondent did not appear.
Delivered and dated at Mombasa this 24th day of June 2005.
J. KHAMINWA J U D G E