[2013] KECA 421 (KLR)
The court found that the applicant's delay in filing the Notice of Appeal was satisfactorily explained by the fact that the judgment date was not listed on the cause list and the court was handling criminal matters on that day. The absence of both the applicant and her counsel was justified, and the supporting...
Source-derived case information.
- Citation
- [2013] KECA 421 (KLR)
- Parties
- Applicant: Jane Catherine K. Karani; Respondent: Daniel Muriithi Wachira
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Civil Application 8 of 2013
- Procedural Posture
- Extension of Time Application / Ruling on Application for Extension of Time to File Appeal
- Outcome
- Application allowed.
- Judges
- FI Koome
- Legal Topics
- Extension of Time, Appeal Filing Deadlines, Service of Documents
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jane Catherine K. Karani
Applicant
Daniel Muriithi Wachira
Respondent
Procedural Posture
Extension of Time Application / Ruling on Application for Extension of Time to File Appeal
Legal Issues
- 1 Whether the applicant has provided sufficient reason for the delay in filing and serving the Notice of Appeal, Memorandum of Appeal, and Record of Appeal out of time.
- 2 Whether granting the extension of time would prejudice the respondent.
Ratio Decidendi
The court found that the applicant's delay in filing the Notice of Appeal was satisfactorily explained by the fact that the judgment date was not listed on the cause list and the court was handling criminal matters on that day. The absence of both the applicant and her counsel was justified, and the supporting documents corroborated this explanation. The court further held that granting the extension would not prejudice the respondent, especially since the application was unopposed. Accordingly, the court exercised its discretion to allow the application and granted the applicant 14 days to file and serve the Notice of Appeal.
Court Disposition
Application allowed.
Orders
- The applicant is granted 14 days within which to file and serve a Notice of Appeal.
- Costs of the application shall be in the appeal.
Full Case Text
Judgment text and source record
25 paragraphs
IN THE COURT OF APPEAL
AT NYERI
(CORAM: KOOME, J.A.), (IN CHAMBERS)
CIVIL APPLICATION NO. NYR. 8 OF 2013
JANE CATHERINE K. KARANI.......................................................APPLICANT
VERSUS
DANIEL MURIITHI WACHIRA....................................................RESPONDENT
(Application for extension of time to file and serve the Notice of Appeal, Memorandum of Appeal and Record of Appeal out of time against the Judgment of the High Court of Kenya at Embu (Ong'undi, J.)
dated 2nd February, 2013
in
H.C.C.C. No. 69 of 2010)
*********************
R U L I N G
The Notice of Motion dated 29th May, 2013 is brought by Jane Catherine Karani (applicant), who was the respondent in Embu Civil Appeal No. 69 of 2010. It is brought under Rule 4 of this Court's Rules. The applicant is seeking for extension of time to file and serve the Notice of Appeal, Memorandum and Record of Appeal out of time. The application and hearing notice were duly served upon the respondent who did not appear during the hearing of this application. The application is supported by the applicant's affidavit sworn on 29th May, 2013. She has annexed a copy of judgment that was delivered on 2nd May, 2013 as well as the cause list for the daily matters that were
listed before the High Court, Embu on 2nd May, 2013. The Civil Appeal No 69 of 2010 was not listed.
The applicant contends that when she appeared for the judgment, she was informed that the court was dealing with criminal matters on that day. Since the matter was not listed she left the court and alerted her advocate that the matter was not proceeding. However it would appear the judgment was delivered the same day in the absence of the applicant and counsel. Their absence in court was simply because the matter was not listed and there was indication that the court was dealing with criminal matters.
I have considered this application which is not opposed; the applicant was late in filing the Notice of Appeal for about one month. The reasons for the lateness are well explained and supported by the cause list of 2nd May, 2013, that shows the matter was not listed. I am also satisfied that the enlargement of time will not cause the respondent any prejudice.
Accordingly, the applicant is given 14 days within which to file and serve a Notice of Appeal. Costs of this application shall be in the appeal.
Dated and delivered at Nyeri this 1st day of July, 2013.
M.K. KOOME
...............................
JUDGE OF APPEAL
I certify that this is a
true copy of the original.
DEPUTY REGISTRAR