[2018] KEHC 5572 (KLR)
The High Court found that the lower court exercised its discretion judiciously in declining to extend the time for payment of costs. There was no evidence that the lower court acted on wrong principles or misdirected itself. The reasons advanced by the appellants did not justify interference by the appellate court....
Source-derived case information.
- Citation
- [2018] KEHC 5572 (KLR)
- Parties
- Appellant: Faima Ventures Limited; Appellant: Faith Njeri Mathia; Appellant: Patrick Kimani Mathia; Respondent: Kenya Orient Insurance Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 521 of 2016
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal dismissed with costs to the respondent
- Judges
- A Mbogholi-Msagha
- Legal Topics
- Extension of Time, Judicial Discretion, Costs Award, Appeals Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Faima Ventures Limited
Appellant
Faith Njeri Mathia
Appellant
Patrick Kimani Mathia
Appellant
Kenya Orient Insurance Limited
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the lower court exercised its discretion correctly in declining to extend time for payment of costs.
- 2 Whether the lower court misapplied legal principles or misdirected itself, resulting in injustice.
Ratio Decidendi
The High Court found that the lower court exercised its discretion judiciously in declining to extend the time for payment of costs. There was no evidence that the lower court acted on wrong principles or misdirected itself. The reasons advanced by the appellants did not justify interference by the appellate court. Consequently, the appeal was dismissed, and the lower court's decision was upheld.
Court Disposition
appeal dismissed with costs to the respondent
Orders
- The appeal is dismissed with costs to the respondent.
Full Case Text
Judgment text and source record
19 paragraphs
REPBULIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL APPEAL NO. 521 OF 2016
FAIMA VENTURES LIMITED ……..………… 1ST APPELLANT
FAITH NJERI MATHIA ……….…..………… 2ND APPELLANT
PATRICK KIMANI MATHIA …...…………… 3RD APPELLANT
VERSUS
KENYA ORIENT INSURANCE LIMITED......…RESPONDENT
(Appeal from the Order and Ruling of Hon.Rachel Ngetich delivered on 22nd July 2016 in CMCC No.5702 of 2013)
JUDGMENT
The appellants herein moved the lower court to extend time for payment of costs that had been awarded to the respondent. The court declined to extend time and being aggrieved by the said order, the appellants lodged this appeal. In dismissing the appellants’ application for extension of time the lower court stated as follows,
“Court orders cannot be made in vain as allowing breach will occasion injustice to the other party affected by the failure or delay. Failure to comply and bringing application for extension of time without sufficient reason is abuse of court process. I see no reason to allow this application. I do dismiss it with costs to the plaintiff. The application dated 16th September 2015 stands dismissed as earlier ordered.”
When the appellants filed the application for extension of time, they were invoking the court’s discretion to do so. The appellate court may interfere with the discretion of the lower court, but only when it is shown the lower court acted on wrong principles in denying the offended party the order sought.
It must also be shown that the lower court misdirected itself and arrived at the wrong decision leading to injustice –see Mbogo & Another vs. Shah (1968) EA 93.
I have looked at the pleadings, the reasons advanced in the motion seeking the extension of time and the submissions of the parties. I have come to the conclusion that the lower court did not proceed on wrong principles, neither can it be faulted for any mistake on the record. That discretion was applied judiciously and I have no reason to differ with the lower court.
This appeal must therefore fail and the same is dismissed with costs to the respondent.
Dated, signed and delivered at Nairobi this 21st Day of June, 2018.
A. MBOGHOLI MSAGHA
JUDGE