[2000] KECA 125 (KLR)
The Court found that, although there was an inordinate delay in bringing the application for extension of time, the strong sentiments previously expressed by the Court regarding the need for justice and the questionable validity of the High Court judgment warranted the exercise of judicial discretion in favour of...
Source-derived case information.
- Citation
- [2000] KECA 125 (KLR)
- Parties
- Applicant: Kenya Industrial Estates Limited; Respondent: Transland Shoe Manufacturers Ltd; Respondent: Wilson Watutui Kiiru; Respondent: Geoffrey Gikonyo Mathu
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nyeri
- Jurisdiction
- Kenya
- Case Number
- ? 364 of 1999
- Procedural Posture
- Extension of Time Application / Ruling on Application for Extension of Time to File Notice and Record of Appeal
- Outcome
- application for extension of time granted
- Legal Topics
- Extension of Time, Appeals Process, Court Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Kenya Industrial Estates Limited
Applicant
Transland Shoe Manufacturers Ltd
Respondent
Wilson Watutui Kiiru
Respondent
Geoffrey Gikonyo Mathu
Respondent
Procedural Posture
Extension of Time Application / Ruling on 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 despite inordinate delay.
- 2 Whether the sentiments expressed by the Court in a previous appeal justify the exercise of discretion in favour of the applicant.
Ratio Decidendi
The Court found that, although there was an inordinate delay in bringing the application for extension of time, the strong sentiments previously expressed by the Court regarding the need for justice and the questionable validity of the High Court judgment warranted the exercise of judicial discretion in favour of the applicant. The Court held that, in the interests of justice, the applicant should be allowed to file the notice and record of appeal out of time. Accordingly, the time for lodging the notice of appeal was extended by 7 days from the date of the ruling, and the time for lodging the record of appeal was extended by 21 days from the date of lodging the notice of appeal within...
Court Disposition
application for extension of time granted
Orders
- Time for lodging the notice of appeal extended by 7 days from the date of this ruling.
- Time for lodging the record of appeal extended by 21 days from the date of lodging the notice of appeal within the extended time.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NYERI
CORAM: GICHERU, J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. NAI. 364 OF 1999 (NYR.21/99)
BETWEEN
KENYA INDUSTRIAL ESTATES LIMITED .................... APPLICANTS
AND
1. TRANSLAND SHOE MANUFACTURERS LTD
2. WILSON WATUTUI KIIRU
3. GEOFFREY GIKONYO MATHU ........................... RESPONDENT
(Application for extension of time to file Notice and Record of Appeal from a Judgment of the High Court of Kenya at Nyeri (Mr. Justice P. K. Tunoi) dated 18th September, 1996
in
H.C.C.C. NO. 160 OF 1988)
**************
R U L I N G:
In Civil Appeal No. 115 of 1998 wherein the applicant in this application had appealed against the order of Osiemo, J. refusing to set aside the judgment of Tunoi, J.A. dated 18th September, 1996 inNyeri High Court Civil Case No. 160 of 1988 this Court inter alia observed that there was an issue concerning the validity and credence of the judgment aforesaid which could not be overlooked and that the facts of the matter cried out aloud for justice. These are strong sentiments expressed by this Court and it is on their account that this application was made by the applicant. There is obviously an inordinate delay in making the present application as the judgment out of which the decree intended to be appealed from arises was delivered on 18th September, 1996 while the applicant's application which was prompted by the sentiments of this Court made on 26th October, 1999 as are mentioned above was made on 18th November, 1999. That delay notwithstanding, however, this Court has no jurisdiction to do injustice. On account of the sentiments of this Court as are referred to above, I would in the interests of justice exercise my discretion underrule 4of the Court of Appeal Rules in favour of the applicant and grant its application for extension of time to lodge and serve the Notice of Appeal and the record of appeal so that the time for lodging its Notice of Appeal is extended by 7 days from the date of this ruling and the time of lodging the record of appeal is extended by 21 days from the date of lodging the Notice of Appeal within the extended time. The costs occasioned by this application assessed at Kshs. 3,000/= are awarded to the respondents.
Dated and delivered at Nyeri this 19th day of May, 2000.
J. E. GICHERU -------------------
JUDGE OF APPEAL
ORDER:
Respondents allowed to apply for a reference before the full Court.
J. E. GICHERU ----------------------
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR