[2000] KECA 248 (KLR)
The court found that the delay in lodging the initial appeal was only five days, which was considered minimal. The application for extension of time was filed promptly, within sixteen days of the appeal being struck out. The court held that there was no inordinate delay and, given the applicant's statutory right of...
Source-derived case information.
- Citation
- [2000] KECA 248 (KLR)
- Parties
- Applicant: James Karuga Kiiru; Respondent: Joseph Mwamburi; Respondent: Sammy Huko; Respondent: The Attorney General
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 130 of 1999
- Procedural Posture
- Civil Application / Application for Extension of Time to File Notice of Appeal
- Outcome
- Application allowed; extension of time granted.
- Legal Topics
- Extension of Time, Notice of Appeal, Appeals Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Karuga Kiiru
Applicant
Joseph Mwamburi
Respondent
Sammy Huko
Respondent
The Attorney General
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to File Notice of Appeal
Legal Issues
- 1 Whether the applicant should be granted an extension of time to file a notice of appeal out of time.
- 2 Whether the delay in lodging the initial appeal was inordinate or excusable.
Ratio Decidendi
The court found that the delay in lodging the initial appeal was only five days, which was considered minimal. The application for extension of time was filed promptly, within sixteen days of the appeal being struck out. The court held that there was no inordinate delay and, given the applicant's statutory right of appeal and the absence of opposition from the respondents, it was appropriate to grant the extension sought. The merits of the intended appeal did not need to be considered in light of the minimal delay and the applicant's right to appeal.
Court Disposition
Application allowed; extension of time granted.
Orders
- Time to lodge a fresh notice of appeal extended by seven days from the date of the ruling.
- Time to lodge the record of appeal extended until 10th July, 2000.
Full Case Text
Judgment text and source record
9 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CORAM: SHAH, J.A (IN CHAMBERS) CIVIL APPLICATION NO. NAI. 130 OF 1999 BETWEEN
JAMES KARUGA KIIRU ...................................APPLICANT AND 1. JOSEPH MWAMBURI 2. SAMMY HUKO 3. THE ATTORNEY GENERA............................RESPONDENTS
(An application for extension of time to file notice of appeal out of time from the judgment of the High Court of Kenya at Nairobi (Mr. Justice Khamoni) dated 3/10/1997 in H.C.C.C. NO. 3445 OF 1998) ****************** R U L I N G
The hearing date of to-day's application was taken by consent of both parties. The respondent is not here to defend the application. The delay in lodging the first appeal, which stands struck out, was only 5 days. This application was lodged within 16 days of the appeal having been struck out.
There is no delay. In fact the delay in the first instance, in lodging Civil Appeal No. 205 of 1998 was minimal and I do not need, therefore, to inquire into merits of the intended appeal. The applicant has a statutory right of appeal.
I allow this application and extend the time to lodge a fresh notice of appeal by seven days from to-day. Time to lodge the record of appeal is extended until 10th day of July, 2000. No order as to costs.
Dated and delivered at Nairobi this 6th day of June, 2000.
A.B. SHAH .................. JUDGE OF APPEAL
I certify that this is a true copy of the original DEPUTY REGISTRAR.