[2000] KECA 104 (KLR)
The court found that the applicants had not been indolent and that there was evident activity on their part since 17th March, 2000. The delay was not considered inordinate or unexplained in the circumstances. Given the acrimonious nature of the family land dispute, it was deemed fair and just to allow the parties to...
Source-derived case information.
- Citation
- [2000] KECA 104 (KLR)
- Parties
- Applicant: John Mungai Murango; Applicant: Jeremiah Kiarie Mukoma; Respondent: Samson Njenga Mungai
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 105 of ??
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Extension of Time to File Appeal
- Outcome
- Application allowed. Leave granted to file Notice of Appeal and record of appeal out of time.
- Legal Topics
- Extension of Time, Appeals Process, Family Land Disputes
- 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
John Mungai Murango
Applicant
Jeremiah Kiarie Mukoma
Applicant
Samson Njenga Mungai
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Extension of Time to File Appeal
Legal Issues
- 1 Whether the applicants have provided sufficient explanation for the delay in filing the appeal out of time.
- 2 Whether the applicants should be granted leave to file a fresh Notice of Appeal and record of appeal against the High Court judgment.
Ratio Decidendi
The court found that the applicants had not been indolent and that there was evident activity on their part since 17th March, 2000. The delay was not considered inordinate or unexplained in the circumstances. Given the acrimonious nature of the family land dispute, it was deemed fair and just to allow the parties to canvass the dispute before the Court of Appeal. The court exercised its discretion in favour of the applicants, granting them leave to file a fresh Notice of Appeal and record of appeal out of time, subject to specific timelines and payment of costs to the respondent.
Court Disposition
Application allowed. Leave granted to file Notice of Appeal and record of appeal out of time.
Orders
- Applicants to file Notice of Appeal within 7 days of the ruling.
- Applicants to file Record of Appeal within 21 days thereafter.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL OF KENYA
AT NAIROBI
CIVIL MISC APPL 105 OF 00
BETWEEN
JOHN MUNGAI MURANGO
JEREMIAH KIARIE MUKOMA ............................... APPLICANTS
AND
SAMSON NJENGA MUNGAI ................................. RESPONDENT
R U L I N G
On 14th February, 2000, this Court struck out Civil Appeal No. 104 of 1999 on the ground that the record of appeal did not include the documentary exhibits which were put in evidence at the trial of the matter before the superior court. This application was registered on 14th April, 2000. Mr Njau, for the respondent, contends that the delay of 59 days has not been explained and is too inordinate as to work against the applicants.
I am satisfied on perusal of the affidavits tendered before me by both the applicants and the respondent that the applicants have not been indolent in bringing this application. There is evident activity on their part since 17th March, 2000.
The applicants have expressed their wish to pursue their appeal. They have not been guilty of any serious unexplained laches. The dispute concerns land. The parties are family members. The dispute appears acrimonious. It is only fair and just that the parties should be allowed to canvass the dispute before this Court.
I exercise my discretion in favour of the applicants and grant leave to file a fresh Notice of Appeal and record of appeal against the judgment and decree made by the High Court on 8th May, 1998, out of time.
The applicants shall file the Notice of Appeal within 7 days hereof and the Record of Appeal within 21 days thereafter. The applicants shall pay costs of this application assessed at Shs.5,000/= to the respondent within 10 days hereof.
Dated and delivered at Nairobi this 26th day of July, 2000.
P. K. TUNOI ---------------
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR