[2007] KECA 56 (KLR)
The court found that the applicant had provided a reasonable explanation for the delay in filing and serving the notice and record of appeal, namely, the failure of previous advocates to act on instructions and the applicant's ill-health, both supported by evidence. The absence of opposition from the respondents...
Source-derived case information.
- Citation
- [2007] KECA 56 (KLR)
- Parties
- Applicant: Chepkwony Kiplangat Rono; Respondent: Republic; Respondent: The District Land Registrar (Kericho); Respondent: Musa Rono; Respondent: Boyot Rono; Respondent: Ezekiel Kirui
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Application 30 of 2007
- Procedural Posture
- Extension of Time Application / Single Judge Ruling on Application for Extension of Time to File Notice and Record of Appeal
- Outcome
- Application for extension of time allowed.
- Legal Topics
- Extension of Time, Appeals Process, Service of Documents
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Chepkwony Kiplangat Rono
Applicant
Republic
Respondent
The District Land Registrar (Kericho)
Respondent
Musa Rono
Respondent
Boyot Rono
Respondent
Ezekiel Kirui
Respondent
Procedural Posture
Extension of Time Application / Single Judge Ruling on Application for Extension of Time to File Notice and Record of Appeal
Legal Issues
- 1 Whether the applicant has provided sufficient cause for the delay in filing and serving the notice of appeal and record of appeal.
- 2 Whether the court should exercise its discretion to extend time for filing and serving the notice and record of appeal.
Ratio Decidendi
The court found that the applicant had provided a reasonable explanation for the delay in filing and serving the notice and record of appeal, namely, the failure of previous advocates to act on instructions and the applicant's ill-health, both supported by evidence. The absence of opposition from the respondents further weighed in favour of granting the application. The court exercised its discretion to allow the extension of time, setting specific timelines for compliance.
Court Disposition
Application for extension of time allowed.
Orders
- The applicant shall lodge and serve on all the respondents his notice of appeal within seven (7) days of the date hereof.
- Thereafter, the applicant shall lodge his record of appeal within thirty (30) days from the date hereof and serve the same on all the respondents within seven (7) days of its lodgment.
Full Case Text
Judgment text and source record
30 paragraphs
IN THE COURT OF APPEAL OF KENYA PEAL
AT NAKURU
Civil Appli. Nai 30 of 2007
CHEPKWONY KIPLANGAT RONO …….....…. APPLICANT
AND
REPUBLIC …………...…………………………..…1ST RESPONDENT
THE DISTRICT LAND REGISTRAR
(KERICHO) …...............................................………..2ND RESPONDENT
EX-PARTE
MUSA RONO ………………...……………………..3RD RESPONDENT
BOYOT RONO ………………...……………………4TH RESPONDENT
EZEKIEL KIRUI ……...……………………………..5TH RESPONDENT
(An application for extension of time within which to lodge and serve a notice of appeal and record of appeal from the ruling of the High Court of Kenya at Kericho (Mr. Justice L. Kimaru) dated 30th October, 2006
in
H.C.C. MISC. APPLICATION NO. 32 OF 2005)
********************
R U L I N G
The applicant asks me to enlarge time within which to file and serve a notice of appeal and the record of appeal.
The ruling against which he proposes to appeal was delivered on 30th October, 2006; this motion for extension of time was filed on 22nd January 2007 which Mr. Onganyi, the learned counsel for the applicant, agrees is a delay of some three months. That delay is explained on two grounds, namely that the previous advocates failed to carry out the instructions given to them by the applicant and secondly the ill-health of the applicant himself.
There is some evidence that the applicant had instructed his previous advocates to appeal in the event he lost in the superior court and documents evidencing ill-health on the part of the applicant are also attached. The motion was served on the advocates for the respondents and neither those advocates nor the respondents are here to oppose the motion.
In the event, I allow the motion dated 15th January, 2007 and lodged in the Court on 22nd January, 2007 and I order as follows:-
1. The applicant shall lodge and serve on all the respondents his notice of appeal within seven (7) days of the date hereof.
2. Thereafter, the applicant shall lodge his record of appeal within thirty (30) days from the date hereof and serve the same on all the respondents within seven (7) days of its lodgment.
3. There shall be no orders as to the costs of the motion.
Dated and delivered at Nakuru this 26th day of September, 2007.
R. S. C. OMOLO
…………………………….
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR