[1999] KECA 179 (KLR)
The Court exercised its wide and unfettered discretion in favour of the applicant, finding that once the applicant discovered the true facts, he acted promptly and without undue delay. The persuasive arguments of the applicant's counsel convinced the Court that the interests of justice required granting the...
Source-derived case information.
- Citation
- [1999] KECA 179 (KLR)
- Parties
- Applicant: Dr. Edwin Simon Peter Otieno Nyaura; Respondent: Ince Michael Julian
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 118 of 1998
- Procedural Posture
- Civil Application / Application for Extension of Time to File Appeal
- Outcome
- Application granted with costs to the respondent.
- Legal Topics
- Extension of Time, Appeals Process, Judicial Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dr. Edwin Simon Peter Otieno Nyaura
Applicant
Ince Michael Julian
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to File Appeal
Legal Issues
- 1 Whether the applicant should be granted an extension of time to file an intended appeal.
- 2 Whether the applicant acted without undue delay upon discovering the true facts.
Ratio Decidendi
The Court exercised its wide and unfettered discretion in favour of the applicant, finding that once the applicant discovered the true facts, he acted promptly and without undue delay. The persuasive arguments of the applicant's counsel convinced the Court that the interests of justice required granting the extension, subject to the applicant paying the respondent's costs of the application.
Court Disposition
Application granted with costs to the respondent.
Orders
- The application for extension of time is granted as prayed.
- The applicant shall pay to the respondent the costs, if any, of this application.
Full Case Text
Judgment text and source record
6 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: LAKHA, J.A. (IN CHAMBERS) CIVIL APPLICATION NO. NAI. 118 OF 1998 BETWEEN
DR. EDWIN SIMON PETER OTIENO NYAURA .................... APPLICANT AND INCE MICHAEL JULIAN .................................... RESPONDENT
(Application for extension of time to file an intended appeal from the Judgment & Decree of the High Court of Kenya at Nairobi (Justice Juma) dated 7th November, 1996 in H.C.C.C. NO.2748 OF 1989) ******************* R U L I N G
I have found this application has caused me great anxiety and difficulty. I am, however, persuaded by Mr. Nyangau's persuasive skill to exercise my wide and unfettered discretion in favour of the applicant, who once he found out the true facts, moved this Court without undue delay. I grant the application as prayed but the applicant shall pay to the respondent the costs, if any, of this application. The Notice of Appeal shall be filed within 7 days from today and the record within 30 days thereafter.
Dated and delivered at Nairobi this 14th day of April, 1999. A.A. LAKHA ...............JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR