[1997] KECA 255 (KLR)
The court found that, despite the substantial delay in filing the application, the peculiar circumstances—namely, that the land remains in the applicant's possession and the original owner is not interested—justified granting the extension of time. The explanation provided by the applicant's counsel, though not...
Source-derived case information.
- Citation
- [1997] KECA 255 (KLR)
- Parties
- Applicant: Kabitau Karanja; Respondent: The Attorney General
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nyeri
- Jurisdiction
- Kenya
- Case Number
- ? 248 of 1997
- Procedural Posture
- Civil Application / Application for Extension of Time to File Notice and Record of Appeal
- Outcome
- Application allowed; extension of time granted subject to conditions.
- Judges
- AB Shah
- Legal Topics
- Extension of Time, Appeals Process, Delay in Filing, Possession of Land
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kabitau Karanja
Applicant
The Attorney General
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to File Notice and Record of Appeal
Legal Issues
- 1 Whether the applicant should be granted an extension of time to file the notice and record of appeal.
- 2 Whether the delay in filing the application is excusable under the circumstances.
Ratio Decidendi
The court found that, despite the substantial delay in filing the application, the peculiar circumstances—namely, that the land remains in the applicant's possession and the original owner is not interested—justified granting the extension of time. The explanation provided by the applicant's counsel, though not ideal, was accepted in the interests of justice. The court exercised its discretion to allow the application, subject to the applicant filing the notice of appeal within seven days and the record of appeal within twenty-one days thereafter. The respondent was awarded costs assessed at KES 3,000, payable within one month, with execution to issue in default.
Court Disposition
Application allowed; extension of time granted subject to conditions.
Orders
- The notice of appeal shall be filed within the next seven days.
- The record of appeal shall be filed within twenty-one days thereafter.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL AT NYERI (CORAM: SHAH, J.A. (IN CHAMBERS) CIVIL APPLICATION NO. NAI 248 OF 1997
BETWEEN
KABITAO KARANJA.........................................APPLICANT AND THE ATTORNEY GENERAL....................................RESPONDENT
(An application for extension of time from the Ruling of the High Court of Kenya at Nyeri (Mr. Justice P.K. Tunoi) dated 20th September, 1990)
in H.C. MISC. APPLICATION NO. 44 OF 1986) *************
R U L I N G
The nature of the intended appeal does seem to be of some importance as I gather from what little is before me. There is a delay, substantial, in filing this application which Mr. Mahan has sought to explain by stating from the bar that after the application was prepared it was left in the file and his client did not call on him. The land, the subject-matter of the suit, is still in possession of the applicant. The original owner appears not interested in the land.
In the very peculiar circumstances of this application I will allow it. I order that the notice of appeal be filed within the next seven days and that the record of appeal be filed within 21 days thereafter.
The respondent will have costs of this application which I assess at shs.3,000/=. These costs must be paid within the next one month, failing which execution may issue.
Dated and delivered at Nyeri this 31st day of October, 1997.
A. B. SHAH
.................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR