[2005] KEHC 2343 (KLR)
The court found that although certified copies of proceedings are not strictly required to file a memorandum of appeal, the applicant's inability to prepare the memorandum without a typed copy of the judgment constituted good and sufficient cause for the delay. The court accepted the explanation provided, supported...
Source-derived case information.
- Citation
- [2005] KEHC 2343 (KLR)
- Parties
- Applicant: Gladwell N. Wambiri; Respondent: Kentest Exporters Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 42 of 2005
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Enlarge Time for Filing Appeal
- Outcome
- application allowed
- Legal Topics
- Extension of Time, Appeals, Memorandum of Appeal
- 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
Gladwell N. Wambiri
Applicant
Kentest Exporters Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Enlarge Time for Filing Appeal
Legal Issues
- 1 Whether the applicant has shown sufficient cause for enlargement of time to file an appeal under Section 79G of the Civil Procedure Act.
Ratio Decidendi
The court found that although certified copies of proceedings are not strictly required to file a memorandum of appeal, the applicant's inability to prepare the memorandum without a typed copy of the judgment constituted good and sufficient cause for the delay. The court accepted the explanation provided, supported by the Certificate of Delay, and exercised its discretion to allow the application for extension of time under Section 79G of the Civil Procedure Act.
Court Disposition
application allowed
Orders
- The applicant shall file and serve the memorandum of appeal within 14 days.
- Costs in the cause.
Full Case Text
Judgment text and source record
8 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI Misc Cause 42 of 2005
GLADWELL N. WAMBIRI …………………….………… APPLICANT VERSUS KENTEST EXPORTERS LIMITED ………….………. RESPONDENT
RULING
This is an application to enlarge the time for filing appeal. Judgment was delivered orally in Court on 20th January, 2004, and the Applicant applied for certified copies of the proceedings and Judgment on 22nd January, 2004. These were made available to the Applicant on 7th December, 2004, according to the Certificate of Delay filed herein with the Supplementary Affidavit sworn by Mr Ngugi Muhindi, Advocate of the Applicant.
Although certified copies of proceedings are not required to file the memorandum of appeal, here the Judgment was delivered orally in Court, and the Applicant was unable to prepare the memorandum without a typed copy of the Judgment. This court is prepared to accept that reason as a good and sufficient cause why this appeal was not filed in time in accordance with Section 79 G of the Civil Procedure Act.
Accordingly, this application is allowed. The Appellant/Applicant will file and serve the memorandum of appeal within the next 14 days. Costs in cause.
Dated and delivered at Nairobi this 5th day of May, 2005.
ALNASHIR VISRAM JUDGE