[2017] KESC 21 (KLR)
The Supreme Court unanimously held that the applicant failed to provide compelling reasons to justify the inordinate delay in filing the Notice of Appeal. The Court found that financial difficulties and a misapprehension of the law by the applicant's advocate did not constitute sufficient grounds for granting an...
Source-derived case information.
- Citation
- [2017] KESC 21 (KLR)
- Parties
- Applicant: Joseph Kinyua Gachaki; Respondent: Pauline Wandia Kinyua
- Court
- Supreme Court
- Court Station
- Supreme Court of Kenya
- Jurisdiction
- Kenya
- Case Number
- Application 1 of 2016
- Procedural Posture
- Extension of Time Application / Ruling on Application for Extension of Time to File Notice of Appeal
- Outcome
- application dismissed with costs
- Judges
- MK Ibrahim, SC Wanjala
- Legal Topics
- Extension of Time, Notice of Appeal, Procedural Delay
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Kinyua Gachaki
Applicant
Pauline Wandia Kinyua
Respondent
Procedural Posture
Extension of Time Application / Ruling on Application for Extension of Time to File Notice of Appeal
Legal Issues
- 1 Whether the applicant has provided sufficient justification for the extension of time to file a Notice of Appeal.
- 2 Whether financial difficulties and misapprehension of the law by the applicant's advocate constitute valid grounds for delay.
Ratio Decidendi
The Supreme Court unanimously held that the applicant failed to provide compelling reasons to justify the inordinate delay in filing the Notice of Appeal. The Court found that financial difficulties and a misapprehension of the law by the applicant's advocate did not constitute sufficient grounds for granting an extension of time. The Court emphasized that the discretion to extend time must be exercised judiciously and only in cases where the delay is satisfactorily explained. As the applicant did not meet this threshold, the application was dismissed with costs.
Court Disposition
application dismissed with costs
Orders
- The application dated 19th January, 2016 is hereby dismissed with costs.
- No compelling reasons have been presented to the Court as a justification for the inordinate delay.
Full Case Text
Judgment text and source record
22 paragraphs
Gachaki v Kinyua (Application 1 of 2016) [2017] KESC 21 (KLR) (24 March 2017) (Ruling)
Joseph Kinyua Gachaki v Pauline Wandia Kinyua [2017] eKLR
Neutral citation: [2017] KESC 21 (KLR)
Republic of Kenya
In the Supreme Court of Kenya
Application 1 of 2016
MK Ibrahim & SC Wanjala, SCJJ
March 24, 2017
Between
Joseph Kinyua Gachaki
Applicant
and
Pauline Wandia Kinyua
Respondent
(Being an application for extension of time and review of the decision given by Court of Appeal at Nyeri (Waki, Nambuye & Kiagi, JJ.A) dated 2nd December, 2015, denying certificate of leave to file an appeal to the Supreme Court in Sup.Ct. Civil Application No. 3 of 2015)
Ruling
1. Upon perusing the application dated 19th January and filed on 22nd January, 2016 for extension of time to file a Notice of Appeal and;
2. UPON reading the affidavit of Joseph Kinyua Gachaki in support thereof, sworn on 19th January, 2016;
3. We have considered the written submissions on record for the applicant and the respondent. The applicant herein, contends that, the delay in filing a Notice of Appeal, is not attributable to any fault or complacency on his part. The applicant submits that, the delay was occasioned by financial difficulties on his part, and a misapprehension of the law on the part of his Advocate. The respondent opposes the application, on grounds that, the reasons advanced by the applicant, for the inordinate delay in filing the Notice of Appeal, cannot justify the extension of time as sought.
4. Having considered the application, by a unanimous decision of this Bench, we make the following Orders under Section 23 (2) (b) of the Supreme Court Act, and Rule 21 of the Supreme Court Rules (2015).Orders Reasons
The application dated 19th January, 2016 is hereby dismissed with costs. No compelling reasons have been presented to the Court as a justification for the inordinate delay.
DATED AND DELIVERED AT NAIROBI THIS 24THDAY OF MARCH, 2017. …………………….M. K. IBRAHIMJUSTICE OF THE SUPREME COURT…………………….S. C. WANJALAJUSTICE OF THE SUPREME COURTI certify that this is a true copy of the originalREGISTRARSUPREME COURT OF KENYA