[2021] KEHC 3288 (KLR)
The court found that the applicants had provided a reasonable and acceptable explanation for the delay in filing the appeal, namely the disruptions caused by the Covid-19 pandemic from March 2020. The absence of opposition from the respondent further supported the grant of the application. The court exercised its...
Source-derived case information.
- Citation
- [2021] KEHC 3288 (KLR)
- Parties
- Applicant: Joseph Mwangi Kabora; Applicant: Maryroasa Muthoni; Respondent: Charles Ndungu Mwangi
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 14 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application allowed
- Judges
- DW Mbuteti
- Legal Topics
- Extension of Time, Leave to Appeal, Appeals Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Mwangi Kabora
Applicant
Maryroasa Muthoni
Applicant
Charles Ndungu Mwangi
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicants have demonstrated sufficient cause to warrant extension of time to file an appeal out of time.
- 2 Whether the delay in filing the appeal was adequately explained.
Ratio Decidendi
The court found that the applicants had provided a reasonable and acceptable explanation for the delay in filing the appeal, namely the disruptions caused by the Covid-19 pandemic from March 2020. The absence of opposition from the respondent further supported the grant of the application. The court exercised its discretion in favour of the applicants, holding that sufficient cause had been established and that the interests of justice would be served by allowing the applicants to file their memorandum of appeal out of time.
Court Disposition
application allowed
Orders
- Leave is granted to the applicants to file their memorandum of appeal out of time.
- The memorandum of appeal shall be filed within fourteen (14) days of delivery of this ruling.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
MISC CIVIL APPLICATION NO 14 OF 2020
1. JOSEPH MWANGI KABORA
2. MARYROASA MUTHONI
(Suing as Legal Representatives of the Estate of
ESTHER GATHIGIA MWANGI, DECEASED).............................APPLICANTS
VERSUS
CHARLES NDUNGU MWANGI....................................................RESPONDENT
R U L I N G
1. The Applicants herein, JOSEPH MWANGI KABORA and MARYROASA MUTHONI MWANGI, have applied by notice of motion dated 12/03/2020 for the main order that the court do grant them leave to appeal out of time against the decree of the trial court in Nanyuki CMCC No 41 of 2018 passed on 26/09/2019.
2. The application is not opposed, in that no grounds of opposition or replying affidavit was filed despite service. At the hearing of the application there was also no appearance for the Respondent despite service.
3. The delay in appealing is explained at paragraph 4 of the supporting affidavit annexed to the application. That explanation is that the Covid-19 pandemic that hit the country about March, 2020 occasioned the delay. I accept that explanation.
4. I therefore find that there was sufficient cause for the Applicants not filing their appeal within time. I will in the circumstances allow the application and grant the leave sought. The Applicants may file their memorandum of appeal within fourteen (14) days of delivery of this ruling. It is so ordered. There shall be no order as to costs of this application.
DATED AND SIGNED AT NANYUKI THIS 6TH DAY OF OCTOBER 2021
H P G WAWERU
JUDGE
DELIVERED AT NANYUKI THIS 7TH DAY OF OCTOBER 2021