[2017] KEHC 4010 (KLR)
The court found that the reasons advanced by the applicant for the delay in filing the memorandum of appeal were honest and plausible. The respondent failed to demonstrate any serious prejudice that would result from the grant of leave. The merits of the intended appeal were not for consideration at this stage....
Source-derived case information.
- Citation
- [2017] KEHC 4010 (KLR)
- Parties
- Applicant: John Mwaura Njuguna; Respondent: ASP Company Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 210 of 2014
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to File Appeal Out of Time
- Outcome
- application allowed
- Judges
- A Mbogholi-Msagha
- Legal Topics
- Extension of Time, Leave to Appeal, Court Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Mwaura Njuguna
Applicant
ASP Company Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to File Appeal Out of Time
Legal Issues
- 1 Whether the applicant should be granted leave to file a memorandum of appeal out of time.
- 2 Whether the delay in filing the appeal was excusable.
- 3 Whether the respondent would suffer prejudice if leave is granted.
Ratio Decidendi
The court found that the reasons advanced by the applicant for the delay in filing the memorandum of appeal were honest and plausible. The respondent failed to demonstrate any serious prejudice that would result from the grant of leave. The merits of the intended appeal were not for consideration at this stage. Accordingly, the court exercised its discretion in favour of the applicant and granted leave to file the memorandum of appeal out of time.
Court Disposition
application allowed
Orders
- Leave is granted to the applicant to file the memorandum of appeal out of time.
- The memorandum of appeal shall be filed within 14 days from the date of this ruling.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MISC NO. 210 OF 2014
JOHN MWAURA NJUGUNA …………….....APPLICANT
VERSUS
ASP COMPANY LIMITED ………….........RESPONDENT
RULING
The application before me is a Notice of Motion dated 19th February, 2014. It seeks leave to file memorandum of appeal out of time. Reasons are on the face of the application alongside an affidavit sworn by the applicant. The application is opposed and grounds of opposition have been filed. I have considered the provisions of law that have been cited. The court is called upon to exercise its discretion.
The reasons advanced for the delay are honest and plausible. No serious prejudice has been shown on the part of the respondent, and whether or not the appeal has any merit is not within my province in an application if this nature. I am persuaded that this application should be allowed.
Accordingly the leave sought is granted, the memorandum of appeal shall be filed within 14 days from today and the costs shall be on appeal.
Dated, signed and delivered at Nairobi this 27th Day of July, 2017
A. MBOGHOLI MSAGHA
JUDGE