[2001] KECA 226 (KLR)
The court found that the delay in filing the application for leave to appeal was not inordinate, given the applicant's advanced age and financial difficulties. The court accepted the explanations provided in the supporting affidavit and exercised its discretion to grant the extension of time. The application was...
Source-derived case information.
- Citation
- [2001] KECA 226 (KLR)
- Parties
- Applicant: Dorcas Ajwang Adede; Respondent: Rukia Ahamed Farah; Respondent: Eric O. Adede
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 57 of 2001
- Procedural Posture
- Civil Application / Application for Extension of Time to File Application for Leave to Appeal
- Outcome
- application granted
- Legal Topics
- Extension of Time, Leave to Appeal, Succession Cause Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dorcas Ajwang Adede
Applicant
Rukia Ahamed Farah
Respondent
Eric O. Adede
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to File Application for Leave to Appeal
Legal Issues
- 1 Whether the delay in lodging the application for leave to appeal was inordinate and justified extension of time.
- 2 Whether the applicant demonstrated sufficient cause for the delay.
Ratio Decidendi
The court found that the delay in filing the application for leave to appeal was not inordinate, given the applicant's advanced age and financial difficulties. The court accepted the explanations provided in the supporting affidavit and exercised its discretion to grant the extension of time. The application was allowed as prayed, with no order as to costs, and the applicant was directed to lodge the application within 10 days.
Court Disposition
application granted
Orders
- The application for extension of time is granted as prayed in prayer 1 of the application dated 2nd March, 2001.
- The applicant is directed to lodge the application in question within the next 10 days.
Full Case Text
Judgment text and source record
18 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
CORAM: SHAH, J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. NAI. 57 OF 2001 (35/2001)
BETWEEN
DORCAS AJWANG ADEDE...................................APPLICANT
AND
RUKIA AHAMED FARAH
ERIC O. ADEDE....................................................RESPONDENT
(An application for extension of time to file a requisite application for leave to appeal from the Ruling of the High Court of Kenya (Ang'awa, J) dated 5th December, 2000
in
H.C.SUCCESSION CAUSE NO. 721 OF 2000) *************************
R U L I N G
I am satisfied that the delay in not lodging the application for leave to appeal is not inordinate. The applicant is an aged lady and I accept that she may have had difficulties in obtaining funds to meet the costs of lodging an appeal or application. In view of all circumstances narrated in Mr. Kajwang's affidavit, which I accept, I grant the application as prayed in prayer of 1 of the applications dated 2nd March, 2001. I make no order as to costs. I direct that the application in question be lodged within the next 10 days.
Dated and delivered at Nairobi this 21st day of March, 2001.
A.B. SHAH ............... JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR.