[2025] KEHC 10219 (KLR)

Parties

Procedural Posture

Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time

Legal Issues

1. 1 Whether the applicant has demonstrated sufficient cause to warrant extension of time to file an appeal out of time.
2. 2 Whether the delay in filing the appeal was adequately explained and not attributable to the applicant.
3. 3 Whether the respondent would suffer prejudice if the extension is granted.

Ratio Decidendi

The court found that the applicant had demonstrated sufficient cause for the delay in filing the appeal, as the delay was occasioned by the court registry's failure to supply typed and certified copies of the proceedings and ruling in a timely manner. The applicant had acted diligently by promptly applying for the necessary documents and indicating his intention to appeal. The delay was not attributable to the applicant but to administrative inefficiencies within the court system. The court further found that the application for extension was made without undue delay, and the draft memorandum of appeal raised triable issues. No prejudice would be suffered by the respondent if the...

Court Disposition

application allowed

Orders

• The applicant is granted an extension of thirty (30) days to file and serve his appeal.
• Costs of this application to be met by the applicant.