[1999] KECA 62 (KLR)
The court found that the applicant's reasons for delay—illness and lack of funds—were genuine and satisfactory. The application for extension of time was brought promptly once the applicant was able to act. In the exercise of its discretion, the court determined that it was just to grant the extension sought,...
Source-derived case information.
- Citation
- [1999] KECA 62 (KLR)
- Parties
- Applicant: Crispinus Makokha Maloba; Respondent: Okinyo Nawiri
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Application 31 of 1999
- Procedural Posture
- Civil Application / Application for Enlargement of Time to File Appeal
- Outcome
- Application allowed. Time to lodge appeal extended by 30 days from the date of the ruling. Costs of the application to be in the appeal.
- Legal Topics
- Extension of Time, Appeal Filing Deadlines
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Crispinus Makokha Maloba
Applicant
Okinyo Nawiri
Respondent
Procedural Posture
Civil Application / Application for Enlargement of Time to File Appeal
Legal Issues
- 1 Whether the applicant has provided sufficient cause for the delay in filing the appeal.
- 2 Whether the court should exercise its discretion to extend time for lodging the appeal.
Ratio Decidendi
The court found that the applicant's reasons for delay—illness and lack of funds—were genuine and satisfactory. The application for extension of time was brought promptly once the applicant was able to act. In the exercise of its discretion, the court determined that it was just to grant the extension sought, allowing the applicant 30 additional days to file the appeal.
Court Disposition
Application allowed. Time to lodge appeal extended by 30 days from the date of the ruling. Costs of the application to be in the appeal.
Orders
- Time for lodging an appeal is extended by 30 days from today.
- Costs of the application to be in the appeal.
Full Case Text
Judgment text and source record
10 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU CORAM: KWACH, J.A. (IN CHAMBERS) CIVIL APPLICATION NO. NAI 31 OF 1999 BETWEEN
CRISPINUS MAKOKHA MALOBA .............................APPLICANT AND OKINYO NAWIRI ..................................................RESPONDENT
(Application for enlargemnt of time to file record and memorandum of appeals out of time from a judgment of the High Court of Kenya at Busia (Mbito J) dated 6th October, 1998
in
H.C.C.C. NO. 9 OF 1997) ******************* R U L I N G
I am satisfied that the applicant's reasons for failing to lodge his appeal in time are genuine - illness and lack of funds. The application has been brought without delay. I allow the application and extend the time for lodging an appeal by 30 days from today. Costs of the application to be in the appeal.
Dated and delivered at Kisumu this 18th day of March, 1999.
R. O. KWACH --------------- JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR