[2016] KEHC 1469 (KLR)
The court found that the application for leave to appeal out of time was unopposed and that the delay was occasioned by the applicant's misapprehension of the law regarding the computation of time under section 79G of the Civil Procedure Act. The court accepted the explanation provided by the applicant's counsel...
Source-derived case information.
- Citation
- [2016] KEHC 1469 (KLR)
- Parties
- Applicant: Kasa Rosa Limited; Respondent: Peter L Morinyo
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 76 of 2014
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application allowed
- Judges
- DW Mbuteti
- Legal Topics
- Leave to Appeal Out of Time, Extension of Time, Appeals Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kasa Rosa Limited
Applicant
Peter L Morinyo
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 file an appeal out of time against the decree of the lower court.
- 2 Whether the delay in filing the appeal was excusable under section 79G of the Civil Procedure Act.
Ratio Decidendi
The court found that the application for leave to appeal out of time was unopposed and that the delay was occasioned by the applicant's misapprehension of the law regarding the computation of time under section 79G of the Civil Procedure Act. The court accepted the explanation provided by the applicant's counsel and, in the interests of justice, granted leave to file the memorandum of appeal within ten days. The court further noted that there would be no order as to costs for the application.
Court Disposition
application allowed
Orders
- The applicant shall file its memorandum of appeal within ten (10) days of the date of the ruling.
- There will be no order as to costs of this application.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MURANG’A
MISC CIVIL APPLICATION NO 76 OF 2014
KASA ROSA LIMITED…..….APPLICANT
VERSUS
PETER L MORINYO……….RESPONDENT
R U L I N G
1. This is an application (chamber summons dated 23rd September 2014) for leave of the court to file appeal out of time against the decree of the lower court passed on 21/08/2014 in Kandara PMCC No 89 of 2014. The application is not opposed in that no papers were filed in response, and the Respondent did not attend the hearing thereof, despite service.
2. When addressing the court at the hearing of the application, learned counsel for the Applicant, Miss Igecha, stated that she now realized that the application would not have been necessary had she excluded the period, duly certified by the lower court, required for preparation and delivery of the typed proceedings and judgment (as provided for in section 79G of the Civil Procedure Act, Cap 21), and that she should just have filed memorandum of appeal instead of the present application. As it is now, delay has been occasioned by this application! Miss Igecha asked that her misapprehension of the law be excused.
3. As already noted, the application is not opposed. I will allow it in the interests of justice. The Applicant shall file its memorandum of appeal within ten (10) days of today. It is so ordered. There will be no order as to costs of this application.
DATED AND SIGNED AT MURANG’A THIS 12TH DAY OF MAY 2016
H P G WAWERU
JUDGE
DELIVERED AT MURANG’A THIS 13TH DAY OF MAY 2016