[2001] KECA 189 (KLR)
The court found that the applicant took two months to make the application for extension of time after being informed that his appeal had been struck out. This delay was considered inordinate and, crucially, was not explained by the applicant. The absence of any explanation for the delay meant that the applicant...
Source-derived case information.
- Citation
- [2001] KECA 189 (KLR)
- Parties
- Applicant: Joseph Barasa Boiyo; Respondent: Sofia Nafula Joram
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Application 170 of 2001
- Procedural Posture
- Extension of Time Application / Ruling on Application for Extension of Time to Lodge Record of Appeal
- Outcome
- application dismissed
- Legal Topics
- Extension of Time, Appeals Process, Inordinate Delay
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Barasa Boiyo
Applicant
Sofia Nafula Joram
Respondent
Procedural Posture
Extension of Time Application / Ruling on Application for Extension of Time to Lodge Record of Appeal
Legal Issues
- 1 Whether the applicant has provided sufficient explanation for the delay in filing the record of appeal out of time.
- 2 Whether the delay of two months in making the application for extension of time is inordinate.
Ratio Decidendi
The court found that the applicant took two months to make the application for extension of time after being informed that his appeal had been struck out. This delay was considered inordinate and, crucially, was not explained by the applicant. The absence of any explanation for the delay meant that the applicant failed to meet the threshold for the court to exercise its discretion in his favour. Consequently, the application for extension of time was dismissed.
Court Disposition
application dismissed
Orders
- The application for extension of time is dismissed.
- There will be no order as to costs.
Full Case Text
Judgment text and source record
5 paragraphs
IN THE COURT OF APPEAL AT KISUMU CORAM: LAKHA, J.A. (IN CHAMBERS) CIVIL APPLICATION NO. NAI. 170 OF 2001 (KSM. 37/97) BETWEEN JOSEPH BARASA BOIYO ................................ APPLICANT AND SOFIA NAFULA JORAM ................................ RESPONDENT
(Application for extension of time within which to lodge the Record of Appeal out of time in an intended Appeal from a judgment and decree of the High Court of Kenya at Kisumu (Tanui, J.) dated 18th April, 1994 in H.C.C.C. NO. 184 OF 1985) *********************** R U L I N G:
After the applicant was informed by the Registry that his appeal had been struck-out the applicant took 2 months to make this application. I consider this inordinate delay. It has not been explained. The application therefore is dismissed. There will be no order as to costs. Made at Kisumu this 20th day of November, 2001.
A. A. LAKHA...............JUDGE OF APPEAL I certify that this is a true copy of the original.
DEPUTY REGISTRAR