[1997] KECA 346 (KLR)
The court found that the time to file the appeal had not yet expired, as the deadline was 25th August, 1997. The application for extension of time was therefore premature. Furthermore, the supporting affidavit did not provide any explanation for the delay or mistake. As a result, the application was struck out for...
Source-derived case information.
- Citation
- [1997] KECA 346 (KLR)
- Parties
- Applicant: Gicheru Kahiu; Applicant: Julius Gachii Kahiu; Applicant: James Gicheru; Respondent: Muniu Kahiu
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 198 of 1997
- Procedural Posture
- Civil Application / Ruling on Application for Extension of Time to File Appeal
- Outcome
- application struck out
- Legal Topics
- Extension of Time, Appeal Timelines, Premature Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gicheru Kahiu
Applicant
Julius Gachii Kahiu
Applicant
James Gicheru
Applicant
Muniu Kahiu
Respondent
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to File Appeal
Legal Issues
- 1 Whether the application for extension of time to file an appeal was premature.
- 2 Whether there was sufficient explanation for the delay or mistake in filing the application.
Ratio Decidendi
The court found that the time to file the appeal had not yet expired, as the deadline was 25th August, 1997. The application for extension of time was therefore premature. Furthermore, the supporting affidavit did not provide any explanation for the delay or mistake. As a result, the application was struck out for being premature and lacking in explanation.
Court Disposition
application struck out
Orders
- The application is struck out.
- No order as to costs.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: LAKHA, J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. NAI. 198 OF 1997
BETWEEN
GICHERU KAHIU.............................................1ST APPLICANTJULIUS GACHII KAHIU...................................2ND APPLICANTJAMES GICHERU...........................................3RD APPLICANTANDMUNIU KAHIU....................................................RESPONDENTR U L I N G
Time to file appeal did not expire until 25th August, 1997. The application filed was premature. No explanation in the supporting affidavit to explain delay in mistake. Application is struck out. No order for costs.
Dated and delivered at Nairobi this 3rd day of November, 1997.
A.A. LAKHA..............................JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR