[2002] KECA 231 (KLR)
The Court found that the applicant had not provided a satisfactory explanation for the inordinate delay in seeking to file and serve the notice and record of appeal out of time. The single judge exercised her discretion properly in refusing the extension, and there was no error in principle or misapprehension of...
Source-derived case information.
- Citation
- [2002] KECA 231 (KLR)
- Parties
- Applicant: George Gikubu Mbuthia; Respondent: Jimba Credit Corporation Ltd; Respondent: Peter Njeru Mugo
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 375 of 2001
- Procedural Posture
- Civil Application / Reference From Single Judge's Decision on Extension of Time
- Outcome
- Reference dismissed with costs.
- Judges
- RO Kwach
- Legal Topics
- Extension of Time, Appeals Process, Inordinate Delay
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Gikubu Mbuthia
Applicant
Jimba Credit Corporation Ltd
Respondent
Peter Njeru Mugo
Respondent
Procedural Posture
Civil Application / Reference From Single Judge's Decision on Extension of Time
Legal Issues
- 1 Whether the applicant had provided a satisfactory explanation for the inordinate delay in filing and serving the notice and record of appeal out of time.
- 2 Whether the Court should interfere with the single judge's refusal to grant an extension of time.
Ratio Decidendi
The Court found that the applicant had not provided a satisfactory explanation for the inordinate delay in seeking to file and serve the notice and record of appeal out of time. The single judge exercised her discretion properly in refusing the extension, and there was no error in principle or misapprehension of facts to warrant interference by the full bench. The reference was therefore dismissed with costs.
Court Disposition
Reference dismissed with costs.
Orders
- The reference is dismissed with costs to the respondents.
Full Case Text
Judgment text and source record
25 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: KWACH, LAKHA & BOSIRE, JJ.A.)
CIVIL APPLICATION NO. NAI. 375 OF 2001
BETWEEN
GEORGE GIKUBU MBUTHIA ................................................... APPLICANT
AND
JIMBA CREDIT CORPORATION LTD......................... 1ST RESPONDENT
PETER NJERU MUGO ................................................. 2ND RESPONDENT
(Application for extension of time to file and serve Notice of Appeal and Record of Appeal out of time from the Ruli ng and Order of the High Court of Kenya at Nairobi (Hon. Justice P.N.Tank) purportedly dated 18th February, 1992 in H.C.C.C. NO. 937 OF 1986) ****************
RULING OF THE COURT
This is an application under rule 54(1)(b) of the Rules of this Court by way of a reference from the decision of a single judge of this Court given on 21st June, 2002 whereby she refused to grant an extension to file and serve a notice of appeal and a record of appeal from the ruling of Tank, J. dated 18th February, 1992 . We would say at the outset and without any hesitation that having fully and carefully considered all the aspects involved we are satisfied that this reference has no merit. The learned single judge found with respect that there was inordinate delay which had not been satisfactorily explained.
The learned judge did not err in principle or otherwise in her decision. Nor did Mr. Mbuthia persuade us that there was any reason to interfere with the decision of the learned single judge or that there was any material upon which this Court can act to interfere. Accordingly and for the reasons above stated this reference fails and it is dismissed with costs.
Dated and delivered at Nairobi this 5th day of November, 2002.
R.O. KWACH
.....................................
JUDGE OF APPEAL
A.A. LAKHA
...................................
JUDGE OF APPEAL
S.E.O. BOSIRE
..................................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR