[2000] KECA 293 (KLR)
The court found that the applicant's inability to file the notice and record of appeal was due to the superior court registry's failure to supply certified and signed copies of the judgment and proceedings, despite the applicant's efforts and payment. The court determined that this constituted sufficient cause for...
Source-derived case information.
- Citation
- [2000] KECA 293 (KLR)
- Parties
- Applicant: Kamere & Co. Advocates; Respondent: Priscilla Ojuka
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 51 of ??
- Procedural Posture
- Civil Application / 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, Court Registry Delay
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kamere & Co. Advocates
Applicant
Priscilla Ojuka
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 due to alleged failure by the court registry to supply certified copies of judgment and proceedings.
- 2 Whether the applicant's delay in filing the intended appeal is excusable under the circumstances.
Ratio Decidendi
The court found that the applicant's inability to file the notice and record of appeal was due to the superior court registry's failure to supply certified and signed copies of the judgment and proceedings, despite the applicant's efforts and payment. The court determined that this constituted sufficient cause for granting an extension of time under rule 4 of the Court of Appeal Rules. The court also noted that the respondent did not oppose the application. Accordingly, the application was granted, with specific timelines set for filing the notice of appeal and the appeal itself. The court further directed the Registrar of the superior court to address the delay in supplying the required...
Court Disposition
application granted
Orders
- The applicant shall file his Notice of appeal within 7 days from the date of the ruling.
- The applicant shall file the appeal within 30 days from the date of filing the Notice of appeal.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: OWUOR, J.A (IN CHAMBERS) CIVIL APPLICATION NO. NAI. 51 OF 2000 BETWEEN
KAMERE & CO. ADVOCATES ..............................APPLICANT AND PRISCILLA OJUKA ......................................RESPONDENT
RESPONDENT (An application for Extension of time in an intended appeal from the Judgment and Decree of the High Court of Kenya at Nairobi (Mrs. Justice Hayanga) dated 30th May, 1996 in H.C.C.C No. 3751 of 1991 ****************** R U L I N G
The applicant, Kamere & Co. Advocate has brought this application under rule 4of the Court of Appeal Rules seeking for orders that:-
"1. That this Honourable Court be pleased to grant the applicant herein an extension of time within which to file Notice of appeal.
2. That this Honourable Court be pleased to grant the applicant herein an extension of time to file and serve Record of Appeal in the intended appeal ..."
Although Mr. Chacha, counsel for the respondent has conceded the application, it is worthwhile noting that the ground upon which the extension of time is sought is that there has been complete failure on the part of the superior court registry to supply the applicant with a certified and signed copy of the judgment. Nor has the applicant been supplied with a copy of the proceedings.
The applicant's Notice of appeal was struck out by this Court on 15th day of February, 2000 on the ground that Mr. Kamere had admitted receiving copies of the proceedings and judgment as far back as June, 1998 and yet by 15th February, 2000 he had not filed the intended appeal.
What has transpired as indicated in the affidavit filed in support of the application is that Mr. Kamere did in deed receive a letter from the superior court's registry stating that the judgment and the proceedings were ready for collection. He paid for the same and went to collect them.
It eventually turned out that the two documents were not ready. They were still being checked. This is the position up to date, according to counsel's submission, hence the applicant's inability to institute his intended appeal. To say the least, this is not a satisfactory state of affairs. The Registrar of the superior court is hereby directed through a copy of this Ruling to look into this matter with a view to supplying the applicant the documents he is waiting for.
This application is therefore granted. The applicant shall file his Notice of appeal within 7 days from today's date and thereafter file the appeal within 30 days from the date of filing the Notice of appeal. Costs of the application shall be to the respondent.
Dated and delivered at Nairobi this 31st day of May, 2000.
E. OWUOR
...............
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR