[1999] KECA 42 (KLR)
The court held that the application for extension of time was incompetent as it was filed before the expiry of the prescribed period under the Court of Appeal Rules. Furthermore, the applicant failed to provide all material necessary for the court to properly exercise its discretion. As a result, the reference to...
Source-derived case information.
- Citation
- [1999] KECA 42 (KLR)
- Parties
- Applicant: Justus Kabaya; Respondent: Joses M'Thikanyi M'Egingo
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nyeri
- Jurisdiction
- Kenya
- Case Number
- ? 225 of 1998
- Procedural Posture
- Civil Application / Reference to Full Court From Single Judge Decision
- Outcome
- Reference dismissed with costs to the respondent.
- Legal Topics
- Extension of Time, Appeals Process, Court of Appeal Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Justus Kabaya
Applicant
Joses M'Thikanyi M'Egingo
Respondent
Procedural Posture
Civil Application / Reference to Full Court From Single Judge Decision
Legal Issues
- 1 Whether the application for extension of time was properly before the court at the time it was filed.
- 2 Whether the applicant provided sufficient material to enable the court to exercise its discretion in granting extension of time.
Ratio Decidendi
The court held that the application for extension of time was incompetent as it was filed before the expiry of the prescribed period under the Court of Appeal Rules. Furthermore, the applicant failed to provide all material necessary for the court to properly exercise its discretion. As a result, the reference to the full court could not succeed and was dismissed with costs to the respondent.
Court Disposition
Reference dismissed with costs to the respondent.
Orders
- The reference is dismissed with costs to the respondent.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: OMOLO J.A (IN CHAMBERS) CIVIL APPLICATION NO.NAI. 214 OF 1998 BETWEEN JUSTUS KABAYA .......................................APPLICANT AND JOSES M'THIKANYI M'ERINGO ...........................RESPONDENT
(Application for extension of time to file an appeal from the judgment of the High Court of Kenya at Meru (Etyang J) dated 7th April, 1998 in H.C.C.C. NO. 56 OF 1993) ****************** RULING ON REFERENCE TO FULL COURT
This is a reference under rule 54 of the Court of Appeal Rules from a decision of Tunoi, JA. sitting as a single Judge of this Court given on 11th May, 1999.
As the learned Judge correctly found the application did not lie at the time it was filed as the period prescribed under the Rules had not elapsed. That aside, the applicant did not place before the learned single Judge all the material necessary for his exercise of the discretionary power. In the result the reference fails and is dismissed with costs to the respondents.
Dated and delivered at Nyeri this 26th day of October, 1999.
R. O. KWACH ---------------
JUDGE OF APPEAL
A. M. AKIWUMI --------------- JUDGE OF APPEAL
A. B. SHAH --------------- JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR