[2012] KEHC 1110 (KLR)
The court found that the applicant had provided a satisfactory explanation for his failure to file the appeal within the prescribed time, as evidenced by his supporting affidavit. The application was unopposed, and there was no evidence of prejudice to the respondent. Exercising its discretion under the relevant...
Source-derived case information.
- Citation
- [2012] KEHC 1110 (KLR)
- Parties
- Appellant: Harrison W.M. Maguh; Respondent: Rungeto F.C. Ltd
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 38 of 2011
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application allowed
- Legal Topics
- Extension of Time, Leave to Appeal, Appeal Procedure
- 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
Harrison W.M. Maguh
Appellant
Rungeto F.C. Ltd
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant should be granted leave to file an appeal out of time.
Ratio Decidendi
The court found that the applicant had provided a satisfactory explanation for his failure to file the appeal within the prescribed time, as evidenced by his supporting affidavit. The application was unopposed, and there was no evidence of prejudice to the respondent. Exercising its discretion under the relevant provisions of the Civil Procedure Act and Rules, the court granted the applicant leave to file the appeal out of time, directing that the appeal be filed within 21 days from the date of the ruling.
Court Disposition
application allowed
Orders
- The applicant is granted leave to file the appeal out of time.
- The appeal shall be filed within 21 days from the date of this ruling.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
High Court at Embu
Miscellaneous Application 38 of 2011 [if gte mso 9]><xml>
Normal 0
false false false
EN-GB X-NONE X-NONE
</xml><![endif][if gte mso 9]><![endif][if gte mso 10]> <style> /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-style-parent:""; line-height:115%; font-size:11. 0pt;"Calibri","sans-serif"; mso-bidi-"Times New Roman";} </style> <![endif]
HARRISON W.M. MAGUH............................….……..APPELLANT
VERSUS
RUNGETO F.C. LTD...............…............…......…....RESPONDENT
R U L I N G
This is the Applicant's application for leave to file appeal out of time. He has filed an affidavit to support his application. The Ruling he wishes to challenge on appeal was delivered on 7/12/2010. The application is not opposed. The Respondent though served have not filed any papers for opposing the application.
I find that the Applicant was challenged as per his affidavit and could not file his application on time. I therefore grant him leave to file his appeal out of time.
The Appeal to be filed within 21 days.
DELIVERED, DATED AND SIGNED AT EMBU THIS 5TH DAY OF NOVEMBER 2012.
H.I. ONG’UDI
J U D G E
In the presence of:-
Applicant
Njue CC