[2001] KECA 140 (KLR)
The court found that the delay in filing the appeal was directly attributable to the illness of one of the applicants, which affected their collective ability to raise the necessary fees for both the court and their counsel. The court accepted the medical evidence and the applicants' explanation, noting that the...
Source-derived case information.
- Citation
- [2001] KECA 140 (KLR)
- Parties
- Applicant: Jacob Mwangi H. Murira; Applicant: John Wambugu Hadad; Applicant: Waweru Karukwa; Respondent: John Mwago Kariuki
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 148 of 2001
- Procedural Posture
- Civil Application / Ruling on Application for Extension of Time to File Appeal
- Outcome
- application allowed
- Legal Topics
- Extension of Time, Appeals Process, Judicial Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jacob Mwangi H. Murira
Applicant
John Wambugu Hadad
Applicant
Waweru Karukwa
Applicant
John Mwago Kariuki
Respondent
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to File Appeal
Legal Issues
- 1 Whether the applicants have shown sufficient cause for the delay in filing the appeal out of time.
- 2 Whether the court should exercise its discretion to extend time for filing the appeal.
Ratio Decidendi
The court found that the delay in filing the appeal was directly attributable to the illness of one of the applicants, which affected their collective ability to raise the necessary fees for both the court and their counsel. The court accepted the medical evidence and the applicants' explanation, noting that the delay, while unfortunate, was not inordinate in the circumstances. The applicants had demonstrated a genuine desire to pursue the appeal and had been actively engaged in seeking the delivery of the delayed judgment in the superior court. In the interests of justice, the court exercised its discretion in favour of the applicants and granted the extension of time sought, subject to...
Court Disposition
application allowed
Orders
- The applicants are granted leave to file the appeal within 14 days of this ruling.
- The applicants shall pay costs to the respondent assessed at KES 5,000.
Full Case Text
Judgment text and source record
17 paragraphs
IN THE COURT OF APPEAL AT NAIROBI CORAM: TUNOI, J.A. (IN CHAMBERS) CIVIL APPLICATION NO. NAI. 148 OF 2001
BETWEEN
JACOB MWANGI H. MURIRA JOHN WAMBUGU HADAD WAWERU KARUKWA ...................................... APPLICANTS
AND
JOHN MWAGO KARIUKI ................................ RESPONDENT
(An application for extension of time to file an appeal out of time from Judgment of the High Court of Kenya at Nairobi (Owuor, J.) dated 9th June, 1998
in
H.C.C.APPEAL NO. 380 OF 1992) **********************
R U L I N G
The facts giving rise to this application have been stated by Shah, J.A. and I need not rehash them here. It appears that they have their genesis in the long delay in delivering judgment in the superior court, which delay, Shah JA deemed inordinate and inexcusable. The applicants aver that they could not lodge the appeal within the period allowed by Shah JA because of illness and inability to raise fees both for the court and their counsel. The inability to raise fees, it is alleged, was occasioned by the said illness.
I have looked at the medical chits and considered the history of the suit. It is obvious that the first two applicants rely greatly on support from Mr. Karukwa in the institution of the appeal. His illness directly affected the ability to raise fees and hence the delay. The applicants have wedged a protracted battle to see that the delayed judgment was eventually delivered. Further, they have shown that they want this Court to finally settle the dispute. I believe that justice must prevail in their favouTrh.e delay in lodging the appeal is unfortunate but cannot be said to be inordinate in the circumstances. I will exercise my discretion in favour of the applicants and grant the application as prayed. The appeal shall be lodged within 14 days hereof. The applicants shall pay costs to the respondent which I assess at Shs.5,000/=.
These shall be paid
Dated and Delivered at Nairobi this 14th day of November, 2001.
P. K. TUNOI ..........................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR