[1997] KECA 144 (KLR)
The court found that the applicant failed to provide any explanation for the inordinate delay of 20 months in seeking an extension of time to file a fresh notice and record of appeal. Furthermore, the court noted that the suit land, which was the subject of the dispute, had already been transferred to a third party...
Source-derived case information.
- Citation
- [1997] KECA 144 (KLR)
- Parties
- Appellant: Hellen Kathuka M'Ikiara; Respondent: Esther Mboroki; Respondent: Mboroki
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nyeri
- Jurisdiction
- Kenya
- Case Number
- ? 159 of 1997
- Procedural Posture
- Civil Application / Application for Extension of Time to File Notice and Record of Appeal
- Outcome
- application dismissed with costs
- Legal Topics
- Extension of Time, Appeal Struck Out, Delay in Filing, Status of Suit Land
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hellen Kathuka M'Ikiara
Appellant
Esther Mboroki
Respondent
Mboroki
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to File Notice and Record of Appeal
Legal Issues
- 1 Whether the applicant has provided sufficient explanation for the 20-month delay in seeking extension of time to file a fresh notice and record of appeal.
- 2 Whether granting the extension would serve any practical purpose given the suit land has already been transferred to a third party.
Ratio Decidendi
The court found that the applicant failed to provide any explanation for the inordinate delay of 20 months in seeking an extension of time to file a fresh notice and record of appeal. Furthermore, the court noted that the suit land, which was the subject of the dispute, had already been transferred to a third party who was not a party to the application. As a result, granting the extension would serve no practical purpose and would be an exercise in futility. The application was therefore dismissed with costs.
Court Disposition
application dismissed with costs
Orders
- The application for extension of time is dismissed with costs.
Full Case Text
Judgment text and source record
4 paragraphs
IN THE COURT OF APPEAL AT NYERI (CORAM: SHAH, J.A. (IN CHAMBERS)) CIVIL APPLICATION NO. NAI 159 OF 1997 BETWEEN HELLEN KATHUKA M'IKIARA..................................APPELLANT AND ESTHER MBOROKI...........................................RESPONDENT MBOROKI...........................................RESPONDENT (Appeal from a Ruling and Order of the High Court of Kenya at Meru (Mr. Justice R.O. Kuloba) dated 25th February, 1993 in H.C.C.C. NO. 181 OF 1987) ************ R U L I N G
This application for extension of time to file a fresh notice of appeal and record of appeal comes some 20 months after the first appeal was struck out as being incompetent. This delay of 20 months has not been explained. The status quo as of now is that the suit land stands transferred (since 1991) to a third party, who is not a party to this application.
To allow the extension of time as now sought would be an exercise in futility. This application is dismissed with costs.
Dated and delivered at Nyeri this 31st day of October, 1997. A. B. SHAH ................. JUDGE OF APPEAL I certify that this is a true copy of the original. DEPUTY REGISTRAR