[2001] KECA 23 (KLR)
The Court of Appeal held that since the applicant's original suit in the superior court was hopelessly out of time, granting leave to appeal as a pauper would serve no practical purpose. The court agreed with the earlier finding by Gicheru JA that the application was incompetent due to the lapse of the statutory...
Source-derived case information.
- Citation
- [2001] KECA 23 (KLR)
- Parties
- Applicant: Isaac N. Ondieki; Respondent: Ministry of Information & Broadcasting; Respondent: Public Service Commission
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 116 of 2000
- Procedural Posture
- Civil Application / Ruling on Application for Leave to Appeal as a Pauper
- Outcome
- application dismissed
- Judges
- AM Akiwumi, EO O'Kubasu
- Legal Topics
- Pauper Proceedings, Leave to Appeal, Limitation of Actions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Isaac N. Ondieki
Applicant
Ministry of Information & Broadcasting
Respondent
Public Service Commission
Respondent
Procedural Posture
Civil Application / Ruling on Application for Leave to Appeal as a Pauper
Legal Issues
- 1 Whether the applicant is entitled to leave to file an appeal as a pauper.
- 2 Whether the application is competent given the lapse of time since the original suit.
Ratio Decidendi
The Court of Appeal held that since the applicant's original suit in the superior court was hopelessly out of time, granting leave to appeal as a pauper would serve no practical purpose. The court agreed with the earlier finding by Gicheru JA that the application was incompetent due to the lapse of the statutory period for instituting the original suit. Consequently, the application for leave to proceed as a pauper was dismissed for lack of merit.
Court Disposition
application dismissed
Orders
- The application for leave to file appeal as a pauper is dismissed.
- No order as to costs.
Full Case Text
Judgment text and source record
25 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
CIVIL APPLICATION NO. 116 OF 2000
ISAAC N. ONDIEKI ........................................................................ APPLICANT
AND
1. MINISTRY OF INFORMATION & BROADCASTING
2. PUBLIC SERVICE COMMISSION .................................... RESPONDENTS
(An application for leave to file Appeal as a pauper in an intended Appeal from the Judgment of the High Court of Kenya at Nairobi (Justice Githinji) dated 8th February, 2000
in
H.C.MISC.C. NO. 1079 OF 1999)
**********
RULING OF THE COURT
The applicant is, as was held by Gicheru JA hopelessly out of time in instituting his original suit in the superior court against the respondent. As such, we agree with Gicheru JA that it would be an exercise in futility to grant the applicant what he now seeks, namely, only permission to institute proceedings in the superior court as a pauper. In the result, the applicant's present application before us to grant him permission to sue as a pauper, is without merit and it is hereby dismissed, but with no order as to costs.
Dated and delivered at Nairobi this 6th day of February, 2001.
R. S. C. OMOLO
..............................
JUDGE OF APPEAL
A. M. AKIWUMI
..................................
JUDGE OF APPEAL
E. O. O'KUBASU
...................................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR.