[2023] KEHC 4075 (KLR)
The court found that the objection regarding the applicant's advocates not being properly on record had been overtaken by events, as a consent had already been filed regularizing their position. The court exercised its discretion to allow the application for leave to appeal out of time, subject to the condition that...
Source-derived case information.
- Citation
- [2023] KEHC 4075 (KLR)
- Parties
- Applicant: Maureen Ijah Idewa; Respondent: Christopher Shayo Wanjema
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous Application E410 of 2022
- Procedural Posture
- Civil Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- Application allowed with conditions.
- Judges
- AN Ongeri
- Legal Topics
- Leave to Appeal Out of Time, Costs of Application, Representation of Parties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Maureen Ijah Idewa
Applicant
Christopher Shayo Wanjema
Respondent
Procedural Posture
Civil 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.
- 2 Whether the applicant's advocates were properly on record.
- 3 Whether costs should be awarded to the respondent.
Ratio Decidendi
The court found that the objection regarding the applicant's advocates not being properly on record had been overtaken by events, as a consent had already been filed regularizing their position. The court exercised its discretion to allow the application for leave to appeal out of time, subject to the condition that the intended appeal be filed within 30 days and that the applicant pays the respondent's costs of the application assessed at KES 20,000 before the appeal is listed for hearing. The decision was grounded in the need to facilitate access to justice and the court's power to extend time under the Civil Procedure Act and Rules.
Court Disposition
Application allowed with conditions.
Orders
- The application dated June 27, 2022 is allowed.
- The intended appeal to be filed within 30 days of the ruling date.
Full Case Text
Judgment text and source record
23 paragraphs
Idewa v Wanjema (Civil Miscellaneous Application E410 of 2022) [2023] KEHC 4075 (KLR) (Civ) (2 May 2023) (Ruling)
Neutral citation: [2023] KEHC 4075 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Civil
Civil Miscellaneous Application E410 of 2022
AN Ongeri, J
May 2, 2023
Between
Maureen Ijah Idewa
Applicant
and
Christopher Shayo Wanjema
Respondent
Ruling
1. The application coming for consideration in this ruling is the one dated June 27, 2022 brought under Article 159(2)(d) of the Constitution, section 1A, 1B, 3, 3A, 75, 78(1), (2), 79(G) of the Civil Procedure Act and Order 42 Rule 24, 26 and 27 of the Civil Procedure Rules 2010 and all other enabling provisions of law.
2. The application is supported by the affidavit of the applicant Maureen Ijah Idewa sworn on June 27, 2022 and based on the grounds on the face of it.
3. I have considered the application and the affidavit in support of it and I have also taken into account the grounds of opposition filed by the respondent dated September 16, 2022.
4. In the grounds of opposition, the respondent stated that the firm of Ogowe & Associates was not properly on record having not complied with Order 9 of the Civil Procedure Rules.
5. This point has already been overtaken since a consent has already been filed.
6. I allow the application dated June 27, 2022 on condition that the intended appeal be filed within 30 days of this date.
7. The appellant to pay costs of the application assessed at ksh 20,000 before the appeal is listed for hearing.
DATED, SIGNED AND DELIVERED ONLINE VIA MICROSOFT TEAMS AT NAIROBI THIS 2ND DAY OF MAY, 2023. ……………………….A. ONGERIJUDGEIn the presence of:…………………………… for the Applicant…………………………… for the Respondent