[2006] KEHC 2210 (KLR)
The court found that the applicants had provided a reasonable explanation for the delay in filing the application for leave to appeal out of time. Upon learning of the Tribunal's judgment, they instructed their former advocates to appeal, but due to the advocates' inaction, they changed representation and promptly...
Source-derived case information.
- Citation
- [2006] KEHC 2210 (KLR)
- Parties
- Applicant: Dawood A. Omar; Applicant: Ahmed Ramadhan; Applicant: Kame M. Kame; Respondent: Omar M. Ali & 4 Others
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 144 of 2006
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application allowed
- Legal Topics
- Leave to Appeal Out of Time, Business Premises Rent Tribunal, Extension of Time, Landlord Tenant Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dawood A. Omar
Applicant
Ahmed Ramadhan
Applicant
Kame M. Kame
Applicant
Omar M. Ali & 4 Others
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicants have provided sufficient explanation for the delay in filing the appeal against the Tribunal judgment.
- 2 Whether leave to appeal out of time should be granted in the circumstances.
Ratio Decidendi
The court found that the applicants had provided a reasonable explanation for the delay in filing the application for leave to appeal out of time. Upon learning of the Tribunal's judgment, they instructed their former advocates to appeal, but due to the advocates' inaction, they changed representation and promptly filed the application. The court was satisfied that the delay was sufficiently explained and that the application had merit. Accordingly, leave to appeal out of time was granted, with the appeal to be filed within 14 days.
Court Disposition
application allowed
Orders
- Leave to appeal out of time is granted.
- The appeal shall be filed within 14 days.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA Misc Civ Appli 144 of 2006
1. DAWOOD A. OMAR
2. AHMED RAMADHAN
3. KAME M. KAME……………................................................……………..APPLICANTS
VERSUS
OMAR M. ALI & 4 OTHERS………......................................………….RESPONDENTS
RULING
The Applicants (Tenants) seek leave of this court to appeal out of time against the judgment of the Business Premises Rent Tribunal (the Tribunal) given on the 9th December 2005 in Tribunal cases Nos. 119, 120 and 121 (consolidated). They say that they learnt of that judgment from the Respondent’s (Landlord’s) Advocate’s letters of 15th December 2005 demanding arrears of the increased rent which they received bout 10 days later. The Landlord opposes the application on the grounds that the proposed appeal is frivolous and that having learnt of the judgment 10 days after it was delivered the Applicants have not explained why it took them upto the 14th February 2006 to file this application.
I have perused the application together with the supporting affidavit and the annextures thereto. The Applicants have stated that after learning of the judgment they immediately instructed their former advocates to appeal against that judgment. When they realized that those advocates were dragging their feet in the matter they instructed their present Advocates who immediately filed this application.
I am satisfied that the Applicant’s application has merit and that they have explained why they did not file this application immediately on learning of the Tribunal judgment. I accordingly allow this application and order that the appeal be filed within 14 days. The costs of this application shall be costs in the appeal.
DATED and delivered this 12th day of May 2006.
D. K. MARAGA
JUDGE