[2003] KECA 136 (KLR)
The court found that the applicant had demonstrated good reasons for the delay in lodging the record of appeal, specifically the illness and death of his former advocate and the subsequent difficulty in retrieving his file. The judge exercised discretion in favour of the applicant, holding that these circumstances...
Source-derived case information.
- Citation
- [2003] KECA 136 (KLR)
- Parties
- Applicant: John Njenga Nganga; Respondent: The Land Registrar Thika; Respondent: Bernard Muoho
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous Application 447 of 2001
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Extension of Time
- Outcome
- application allowed
- Legal Topics
- Extension of Time, Appeals Process, Court Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Njenga Nganga
Applicant
The Land Registrar Thika
Respondent
Bernard Muoho
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the applicant has provided sufficient reason for the delay in lodging the record of appeal.
- 2 Whether the court should exercise its discretion to extend time for lodging and serving the record of appeal.
Ratio Decidendi
The court found that the applicant had demonstrated good reasons for the delay in lodging the record of appeal, specifically the illness and death of his former advocate and the subsequent difficulty in retrieving his file. The judge exercised discretion in favour of the applicant, holding that these circumstances justified an extension of time. The court also deemed it logical to extend the time for serving the record of appeal, even though such an order was not expressly sought, to ensure procedural fairness and the effective prosecution of the appeal.
Court Disposition
application allowed
Orders
- Time for lodging the record of appeal is extended by 30 days from the date of the ruling.
- Leave is granted to serve the record of appeal within the same 30-day period.
Full Case Text
Judgment text and source record
17 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
CIVIL MISCELLANEOUS APPLICATION NO. 447 OF 2001
JOHN NJENGA NGANGA ...................................... APPLICANT
AND
1. THE LAND REGISTRAR THIKA
2. BERNARD MUOHO .................................... RESPONDENTS
R U L I N G
This is a motion under rule 4 of the Court of Appeal Rules for an extension of the time within which to lodge a record of appeal. The applicant filed a notice of appeal in time through his then advocate, P.S Gatimu. But the said counsel was taken ill, was hospitalised for long and eventually succumbed to death from that illness. The applicant now says that although Mr. Gatimu died in the year 2001, he was not able to get his file from h is former chambers until recently and hence the delay in bringing this motion.
I am persuaded that the applicant has good reasons for not lodging the record of appeal timeously and therefore is entitled to the exercise of my unfettered discretion under the aforesaid rule in his favour. Accordingly I allow the application and extend the time within which to lodge a record of appeal by 30 days from the date hereof. Although the applicant has not sought an order extending the time within which to serve the said record of appeal, I consider it logical to grant him leave to serve the said record of appeal within the same period.
Dated and delivered at Nairobi this 19th day of February, 2003.
S.E.O. BOSIRE
.......................
JUDGE OF APPEAL
I certify that this is a
true copy of the original.
DEPUTY REGISTRAR