[1995] KECA 105 (KLR)
The court found that the applicant had provided a credible explanation for the delay, namely, financial difficulties with his advocates and subsequent self-representation. The court was satisfied with the reasons set out in the supporting affidavit and found no reason to doubt them. Exercising its discretion under...
Source-derived case information.
- Citation
- [1995] KECA 105 (KLR)
- Parties
- Applicant: James Kimani Njuguna Mbugua; Respondent: Standard Chartered Bank (K) Ltd
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 83 of 1995
- Procedural Posture
- Civil Application / Application for Extension of Time to File Notice of Appeal and Record of Appeal
- Outcome
- application granted
- Judges
- JM Gachuhi
- Legal Topics
- Extension of Time, Appeals Process, Court Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
James Kimani Njuguna Mbugua
Applicant
Standard Chartered Bank (K) Ltd
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to File Notice of Appeal and Record of Appeal
Legal Issues
- 1 Whether the applicant has provided sufficient cause for the delay in filing the notice of appeal and record of appeal out of time.
- 2 Whether the court should exercise its discretion to extend time under rule 4 of the Court of Appeal Rules.
Ratio Decidendi
The court found that the applicant had provided a credible explanation for the delay, namely, financial difficulties with his advocates and subsequent self-representation. The court was satisfied with the reasons set out in the supporting affidavit and found no reason to doubt them. Exercising its discretion under rule 4 of the Court of Appeal Rules, the court granted the extension of time for the applicant to file and serve the notice of appeal and to file the record of appeal out of time, subject to compliance with the prescribed timelines.
Court Disposition
application granted
Orders
- The applicant shall file and serve the notice of intended appeal within seven days from the date of the ruling.
- The record of appeal shall be filed within 60 days from the date of lodging the notice of appeal as provided by the rules.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
(Coram: Gachuhi, J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. NAI. 83 OF 1995
BETWEEN
JAMES KIMANI NJUGUNA MBUGUA...............................APPLICANT
AND
STANDARD CHARTERED BANK (K) LTD..........................RESPONDENT
(Application for extension of time to file Notice of Appeal in an intended appeal from a judgment of the High Court of Kenya at Nairobi (Ole Keiuwa, J.) dated 23rd June, 1994
in
H.C.C.C. NO. 3737 OF 1989)
*********************
RULING
The applicant appears to have received low deal from the advocates who demanded a lot of money from him which he does not have. By the time he decided to act on his own the time to enter appearance and to file the record of appeal had ran out. He comes to the court under the provisions of rule 4 of the Rules of this court seeking extension of time to file and serve notice of appeal and to file record of appeal out of time.T he facts leading to the delay are set out in the affidavit in support of the application. I have no reasons to doubt them. the record is ready.
In the circumstances I do exercise my discretion and grant the application. The applicant will file his notice of the intended appeal and serve on the respondent within seven days from the date hereof. The record of appeal is to be filed as provided for by the rules within 60 days from the date of lodging the notice of appeal.
Costs of this application to be costs in the intended appeal.
Dated and delivered at Nairobi this 29th day of June, 1995.
J.M. GACHUHI
...............
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR