[2012] KEHC 4646 (KLR)
The court found that the applicant's delay in filing the appeal was attributable to lack of legal knowledge rather than willful neglect. In the interest of access to justice and ensuring that the applicant is not shut out from the appellate process, the court exercised its discretion to grant leave to appeal out of...
Source-derived case information.
- Citation
- [2012] KEHC 4646 (KLR)
- Parties
- Applicant: Julius Mwangi Muriithi; Respondent: Kibirigwi Farmers Co-op Society Ltd
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 478 of 2011
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application allowed
- Legal Topics
- Leave to Appeal Out of Time, Surcharge Dispute, Tribunal Decision Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julius Mwangi Muriithi
Applicant
Kibirigwi Farmers Co-op Society Ltd
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant should be granted leave to appeal out of time against the decision of the Co-operative Tribunal.
- 2 Whether the delay in filing the appeal was excusable.
Ratio Decidendi
The court found that the applicant's delay in filing the appeal was attributable to lack of legal knowledge rather than willful neglect. In the interest of access to justice and ensuring that the applicant is not shut out from the appellate process, the court exercised its discretion to grant leave to appeal out of time. The court emphasized that the right to be heard on appeal should not be unduly restricted by procedural technicalities, especially where the delay is explained and does not prejudice the respondent.
Court Disposition
application allowed
Orders
- Leave is granted to the applicant to file an appeal out of time within 60 days from the date of this ruling.
- Costs shall be in the appeal.
Full Case Text
Judgment text and source record
41 paragraphs
Editorial Summary
1. Civil Appeal
2. Subject of Tribunal case
CO-OPERATIVE TRIBUNA
2. 1 Co-operative society
2. 2 Applicant surcharged in 2001.
2. 3 Hearing at Tribunal
2. 4 Preliminary objection raised.
2. 5 Tribunal case struck out.
3. Appeal against order of TribunalDismissing the tribunal case.
Application 8th November 2011 opposed.
4. Held:
Leave be granted to appeal to
High Court.
5. Case Law:
6. Advocates:
i)Julius Mwangi Muriithi applicant in person
ii)I. Otieno instructed by for M/s Munene Wambugu & Co Advocates for
respondent
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
MISC APPLICATION 478 OF 2011
JULIUS MWANGI MURIITHI …………………………………. APPLICANT
VERSUS
KIBIRIGWI FARMERS CO-OP SOCIETY LTD……….……. RESPONDENT
R U L I N G
Application to file out of time
I.BACKGROUND
1. The applicant herein filed a reference before the Co-op Tribunal against a surcharge made on 28th November 2001.
2. An application dated 22nd June 2011, the defence was struck out and judgment entered in favour of the respondent.
3. The applicant prays for leave to appeal against the decision. This delay was due to lack of “know how.”
IIAPPLICATION TO FILE APPEAL OUT OF TIME
4. Leave be and is hereby given to the applicant to file appeal out of time with 60 days. This is to ensure access to justice and hearing to the litigation in this High Court.
5. Costs in the appeal.
DATED THIS 27TH DAY OF FEBRUARY 2012 AT NAIROBI
M.A. ANG’AWA
JUDGE
Advocates:
iii)Julius Mwangi Muriithi applicant in person
iv)I. Otieno instructed by for M/s Munene Wambugu & Co Advocates for
respondent