[2000] KECA 326 (KLR)
The court found that the delay in filing the record of appeal was caused by the High Court Registry and not by any fault of the applicant. Since the respondents did not object to the application, the court exercised its discretion to grant the applicant leave to file and serve the record of appeal out of time. The...
Source-derived case information.
- Citation
- [2000] KECA 326 (KLR)
- Parties
- Applicant: Kasigau Ranching (D.A) Limited; Respondent: John Gitonga Kihara; Respondent: Mary Wanjiku Mbugua; Respondent: Olonginda Ole Ngiloriti; Respondent: Micheni Musa; Respondent: Baraka Mining Ltd.
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 316 of 1999
- Procedural Posture
- Miscellaneous Application / Ruling on Extension of Time to File Appeal
- Outcome
- application allowed
- 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
Kasigau Ranching (D.A) Limited
Applicant
John Gitonga Kihara
Respondent
Mary Wanjiku Mbugua
Respondent
Olonginda Ole Ngiloriti
Respondent
Micheni Musa
Respondent
Baraka Mining Ltd.
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Extension of Time to File Appeal
Legal Issues
- 1 Whether the applicant should be granted leave to file and serve a record of appeal out of time due to delay attributable to the High Court Registry.
Ratio Decidendi
The court found that the delay in filing the record of appeal was caused by the High Court Registry and not by any fault of the applicant. Since the respondents did not object to the application, the court exercised its discretion to grant the applicant leave to file and serve the record of appeal out of time. The applicant was ordered to do so within 20 days from the date of the ruling.
Court Disposition
application allowed
Orders
- The applicant is granted leave to file and serve the record of appeal out of time.
- The applicant shall file and serve the record of appeal within 20 days from the date of this ruling.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
COURT OF APPEAL AT NAIROBI
CIV MISC APPL 316 OF 1999
KASIGAU RANCHING (D.A) LIMITED .......................APPLICANT
AND
JOHN GITONGA KIHARA ............................ 1ST RESPONDENT
MARY WANJIKU MBUGUA ............................. 2ND RESPONDENT
OLONGINDA OLE NGILORITI ......................... 3RD RESPONDENT
MICHENI MUSA .................................... 4TH RESPONDENT
BARAKA MINING LTD. .............................. 5TH RESPONDENT
R U L I N G
The applicant's request is that it be allowed to file and serve a record of appeal out of time. It is evident that the delay which occured is attributable to the High Court Registry. Mr. Oluoch not objecting, I will grant the leave sought. The applicant shall file and serve the record of appeal within 20 days from today's date.
Dated and delivered at Nairobi this 6th day of June, 2000.
E. OWUOR
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR