[1986] KECA 16 (KLR)
The court found that the applicants' delay in filing the memorandum and record of appeal was due to a genuine misapprehension regarding the transmission of the High Court record. In the interests of justice and to allow the intended appeal to be properly ventilated, the court exercised its discretion to grant the...
Source-derived case information.
- Citation
- [1986] KECA 16 (KLR)
- Parties
- Applicant: Karani; Respondent: Kijana
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 22 of 1986
- Procedural Posture
- Civil Application / Interlocutory Application for Extension of Time and Related Directions Pending Appeal
- Outcome
- Application allowed in part; time extended for filing appeal documents; leave granted for further affidavits; stay of execution continued; no order as to costs.
- Legal Topics
- Extension of Time, Stay of Execution, Filing of Record of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Karani
Applicant
Kijana
Respondent
Procedural Posture
Civil Application / Interlocutory Application for Extension of Time and Related Directions Pending Appeal
Legal Issues
- 1 Whether the applicants should be granted further time to file the memorandum and record of appeal.
- 2 Whether the respondents should be allowed to file additional affidavits and evidence.
- 3 Whether the stay of execution previously granted should be continued.
Ratio Decidendi
The court found that the applicants' delay in filing the memorandum and record of appeal was due to a genuine misapprehension regarding the transmission of the High Court record. In the interests of justice and to allow the intended appeal to be properly ventilated, the court exercised its discretion to grant the applicants leave to file the memorandum and record of appeal within 60 days. The court also allowed the first respondent to file a fresh affidavit with relevant material within 40 days, and the second and third respondents to file affidavits in response within the same 60-day period. The ex parte stay of execution previously granted was continued to preserve the status quo...
Court Disposition
Application allowed in part; time extended for filing appeal documents; leave granted for further affidavits; stay of execution continued; no order as to costs.
Orders
- Applicants granted leave to file memorandum and record of appeal within 60 days from October 10, 1986 (by December 9, 1986).
- First respondent granted leave to file a fresh affidavit with relevant material within 40 days from October 10, 1986 (by November 19, 1986).
Full Case Text
Judgment text and source record
7 paragraphs
Karani v Kijana
Court of Appeal, at Nairobi October 10, 1986
Hancox,Platt & Gachuhi JJA
Civil Application No NAI 22 of 1986
October 10, 1986, Hancox,Platt & Gachuhi JJA delivered the following Judgment.
The record and Memorandum of the intended appeal for filing which Kneller, JA, extended the time limit on July 8, 1986, not yet having been filed, as Mr Onalo for the 48 applicants was under the misapprehension that the Record of the High Court proceedings in High Court Civil Case No 67 of 1985 had not been forwarded from Eldoret (as it clearly has, see the letter from that court of February 20, 1986) and applicants/intended appellants do have leave to file their memorandum of appeal and record of Appeal from the decision of VV Patel J, of September 1985, within 60 days from today that is to say by December 9, 1986.
The first respondent do also have leave to file a fresh affidavit exhibiting the decision and/or proceedings in Senior Resident Magistrate (Kitale) – Case No 15 of 1985, and any other material showing the alleged nexus between the 48 applicants and the land in question, at Three Rivers Farm LR 5364/2 Tranz-Nzoia District, within 40 days from today, that is to say by November 19, 1986. The 2nd and 3rd respondents leave, if they wish, to file an affidavit each, either generally in response to the further affidavit of the First respondent, within the 60 day period stated ie December 9, 1986. Meanwhile the exparte stay of execution granted by this court on February 1986, at Nakuru, is hereby continued. No orders as costs of today.