[2006] KEHC 2179 (KLR)
The court found that the applicant had sufficiently explained the delay in filing the appeal, noting that the judgment date had been changed several times and the parties were not kept informed, resulting in the judgment being delivered in their absence. The court exercised its discretion to grant leave to appeal...
Source-derived case information.
- Citation
- [2006] KEHC 2179 (KLR)
- Parties
- Applicant: Jones Muriithi Mathenge; Respondent: Benjamin Kirimi Inoti
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- ? 76 of 2006
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- Application granted. Leave to appeal out of time is allowed.
- Judges
- JM Khamoni
- Legal Topics
- Extension of Time, Leave to Appeal, Delay in Filing Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jones Muriithi Mathenge
Applicant
Benjamin Kirimi Inoti
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant has provided sufficient explanation for the delay in filing the appeal out of time.
- 2 Whether leave to appeal out of time should be granted in the circumstances.
Ratio Decidendi
The court found that the applicant had sufficiently explained the delay in filing the appeal, noting that the judgment date had been changed several times and the parties were not kept informed, resulting in the judgment being delivered in their absence. The court exercised its discretion to grant leave to appeal out of time, holding that the circumstances justified the extension sought.
Court Disposition
Application granted. Leave to appeal out of time is allowed.
Orders
- Leave to appeal out of time is granted. The appeal must be filed within seven days from the date of this ruling.
- Costs of the application to be in the cause.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NYERI
Misc Appli 76 of 2006
JONES MURIITHI MATHENGE………………….................................…….APPLICANT
Versus
BENJAMIN KIRIMI INOTI………………….........................……………RESPONDENT
RULING
This is a Notice of motion dated 24th April, 2006 the Applicant, Jones Muriithi Mathenge, seeking leave to appeal out of time. The application is opposed by the Respondent Benjamin Kirimi Inoti on the basis that there has been a delay of up to four months.
After hearing submissions from Mr. Muthoni for the Applicant and m/s Nderitu for the Respondent and reading the relevant affidavits, I am satisfied that the Applicant has sufficiently explained the delay in filing the appeal in a situation herein where the judgment had to be delivered in the absence of the parties because they could not be kept up to-date with the date of that judgment which was changed several times.
Accordingly the application is granted for the appeal to be filed within seven days from to-day.
Costs of this application be in the cause.
Dated this 15th day of June, 2006.
J. M. KHAMONI
JUDGE