[2001] KECA 231 (KLR)
The court found that the applicant failed to substantiate the claim that the court file was missing, as the letters relied upon (RKL5 and RKL6) did not support this assertion. Since the ground for the application was not proven, the applicant did not meet the threshold required for the exercise of the court's...
Source-derived case information.
- Citation
- [2001] KECA 231 (KLR)
- Parties
- Applicant: Job Kipsang Suter; Respondent: Abraham Tenoi Kimala
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Application 51 of 2001
- Procedural Posture
- Civil Application / Application for Extension of Time to File Notice and Record of Appeal
- Outcome
- application dismissed
- Legal Topics
- Extension of Time, Appeals Process, Court File Missing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Job Kipsang Suter
Applicant
Abraham Tenoi Kimala
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to File Notice and Record of Appeal
Legal Issues
- 1 Whether the applicant has provided sufficient grounds for extension of time to file a notice of appeal and record of appeal out of time.
- 2 Whether the alleged loss of the court file is substantiated by evidence.
Ratio Decidendi
The court found that the applicant failed to substantiate the claim that the court file was missing, as the letters relied upon (RKL5 and RKL6) did not support this assertion. Since the ground for the application was not proven, the applicant did not meet the threshold required for the exercise of the court's discretion to extend time under Rule 4 of the Court of Appeal Rules. Consequently, the application was dismissed.
Court Disposition
application dismissed
Orders
- The application for extension of time is dismissed.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL AT NAKURU
CORAM: LAKHA, J.A (IN CHAMBERS)
CIVIL APPLICATION NO. NAI.51 OF 2001 (UR.30/2001)
BETWEEN
JOB KIPSANG SUTER ................................APPLICANT
AND
ABRAHAM TENOI KIMALA ............................ RESPONDENT(An application to file Notice of Appeal and Record of Appeal out of time in an intended appeal from the Judgment and decree of the High Court of Kenya at Eldoret High Court(R. Nambuye, J) dated 12th September, 1996
in
ELDORET H.C.C NO. 165 OF 1992) ****************** R U L I N G
This application is under rule 4 for an extension of time based on the ground that the court file was missing.
Reliance is placed on RKL5 and RKL 6 - the 2 letters. I have read them. Nothing therein supports the view that the file was lost. The ground on which the application is based is not substantiated. The application fails and is dismissed with orders.
Made at Nakuru this 25th day of September, 2001
A. A. LAKHA
.............. JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR