[2000] KECA 50 (KLR)
The court found that the applicant had sufficiently explained the delay in filing the notice and record of appeal, as detailed in the supporting affidavit. The explanation was accepted as genuine, and the court exercised its discretion in favour of the applicant. Consequently, the application for extension of time...
Source-derived case information.
- Citation
- [2000] KECA 50 (KLR)
- Parties
- Applicant: Joseph Matafari Situma; Respondent: Nicholas Makhamu Cherongo
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Application 129 of 2000
- Procedural Posture
- Extension of Time Application / Ruling on Application for Extension of Time to File Notice and Record of Appeal
- Outcome
- application granted
- Judges
- E Owuor
- Legal Topics
- Extension of Time, Appeals Process, Discretion of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Matafari Situma
Applicant
Nicholas Makhamu Cherongo
Respondent
Procedural Posture
Extension of Time Application / Ruling on Application for Extension of Time to File Notice and Record of Appeal
Legal Issues
- 1 Whether the applicant has provided sufficient explanation for the delay in filing the notice and record of appeal.
- 2 Whether the court should exercise its discretion to extend time for filing the notice and record of appeal.
Ratio Decidendi
The court found that the applicant had sufficiently explained the delay in filing the notice and record of appeal, as detailed in the supporting affidavit. The explanation was accepted as genuine, and the court exercised its discretion in favour of the applicant. Consequently, the application for extension of time was granted, allowing the applicant to file the notice of appeal within 7 days and the record of appeal within 14 days thereafter.
Court Disposition
application granted
Orders
- The applicant shall file a Notice of appeal within 7 days from the date of this ruling.
- The record of appeal shall be lodged within 14 days from the date of filing the Notice of appeal.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA
AT KISUMU
CIVIL APPLI 129 OF 2000
JOSEPH MATAFARI SITUMA ................................................. APPLICANT
AND
NICHOLAS MAKHANU CHERONGO ......................................RESPONDENT
(An application for extension of time to lodge a Notice and Record of appeal out of time from the Judgment of the High Court of Kenya at Bungoma (Mr. Justice Ongudi) dated 26th March, 1996
in
H.C.C.C NO. 156 OF 1995)
******************
R U L I N G
The applicant prays that I extend time for him to file both the Notice of appeal and the record of appeal. He had promptly filed an appeal that was struck out by this Court on 22nd March, 2000 and this application for extension filed 47 days after on 8th May, 2000. This delay has been to my mind sufficiently explained in para. 9, 10 & 11 of the supporting affidavit. The explanation is genuine. I accept it and exercise my discretion in favour of the applicant. The application is granted. The applicant shall file a Notice of appeal within 7 days from today's date, and thereafter the record of appeal shall be lodged within 14 days from the date of filing the Notice of appeal.
Dated and delivered at Kisumu this 16th day of June, 2000.
E. OWUOR
...............
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR