[2002] KECA 148 (KLR)
The court found that the applicant acted expeditiously in bringing the application for extension of time to validate the reference. The judge was satisfied that the circumstances justified the exercise of discretion in favour of the applicant, and therefore granted the extension so that the reference filed out of...
Source-derived case information.
- Citation
- [2002] KECA 148 (KLR)
- Parties
- Applicant: Joseis Wanjiru Alias Joseis Wairimu; Respondent: Kabui Ndegwa
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nyeri
- Jurisdiction
- Kenya
- Case Number
- ? 150 of 2002
- Procedural Posture
- Civil Application / Application for Extension of Time to Validate a Reference Before the Full Court
- Outcome
- Application for extension of time granted.
- Legal Topics
- Extension of Time, Reference to Full Court, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseis Wanjiru Alias Joseis Wairimu
Applicant
Kabui Ndegwa
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to Validate a Reference Before the Full Court
Legal Issues
- 1 Whether the applicant should be granted an extension of time to validate a reference filed out of time.
- 2 Whether the delay in filing the reference was excusable.
Ratio Decidendi
The court found that the applicant acted expeditiously in bringing the application for extension of time to validate the reference. The judge was satisfied that the circumstances justified the exercise of discretion in favour of the applicant, and therefore granted the extension so that the reference filed out of time would be deemed properly filed within the extended period.
Court Disposition
Application for extension of time granted.
Orders
- Time for filing the reference is extended so that the reference filed on 2nd November, 2001 is deemed to have been filed within the extended time.
Full Case Text
Judgment text and source record
8 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL AT NYERI CORAM: OWUOR, J.A. (IN CHAMBER) CIVIL APPLICATION NO. NAI. 150 OF 2002(NYR. 20/2002)BETWEEN JOSEIS WANJIRU Alias JOSEIS WAIRIMU………………….APPLICANT AND KABUI NDEGWA………………………………………………..RESPONDENT (Application for extension of time to validate a reference to full Court in an appeal from a judgment & Order of the High Court of Kenya at Nyeri (Tunoi, J) dated 13/2/1992 in H.C.C.C. NO. 71 OF 1982) ****************** RULING On 20th day of October, 2000 a learned single judge of this Court (Kwach, JA) dismissed the applicant’s application for leave to file a notice of appeal out of time in an intended appeal from the judgment of the superior court dated 13th February, 1992.
The applicant thereafter on 2nd November, 2001 filed an application for a Reference before a full Court. When the Reference came for hearing on 8th day of May, 2002 counsel for the applicant was granted an adjournment to make this application which he filed on 3rd of June, 2002 so as to validate the Reference since the same had been filed outside the prescribed time of 7 days.
I am satisfied that the applicant acted expeditiously in filing this application. The same is hereby granted. I hereby extend the time requested so that the Reference filed on 2nd day of November, 200`1 is deemed to have been filed within the extended time.
Dated and delivered at Nyeri this 1 st day of November, 2002.
E. OWUOR …………………… JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR.