[1997] KECA 238 (KLR)
The court found that the applicant failed to provide a satisfactory explanation for the prolonged delay between the tracing of the court file in August 1995 and the filing of the application in February 1997. Since no proceedings or judgment copies were required to make the application, the delay remained...
Source-derived case information.
- Citation
- [1997] KECA 238 (KLR)
- Parties
- Applicant: Kiprop Arap Koech; Respondent: Koei Arap Koech; Respondent: Wilson Kiplagat Koech
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 44 of 1997
- Procedural Posture
- Civil Application / Application for Extension of Time to File Notice and Record of Appeal Out of Time
- Outcome
- application dismissed
- Legal Topics
- Extension of Time, Appeals Process, Court Rules
- 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
Kiprop Arap Koech
Applicant
Koei Arap Koech
Respondent
Wilson Kiplagat Koech
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to File Notice and Record of Appeal Out of Time
Legal Issues
- 1 Whether the applicant has provided sufficient reason for the delay in filing the notice and record of appeal out of time.
- 2 Whether the court should exercise its discretion to extend time under rule 4 of the Court of Appeal Rules.
Ratio Decidendi
The court found that the applicant failed to provide a satisfactory explanation for the prolonged delay between the tracing of the court file in August 1995 and the filing of the application in February 1997. Since no proceedings or judgment copies were required to make the application, the delay remained unexplained. The court, therefore, found no merit in the application and dismissed it, exercising its discretion against granting an extension of time.
Court Disposition
application dismissed
Orders
- The application for extension of time to file notice and record of appeal out of time is dismissed.
Full Case Text
Judgment text and source record
9 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAKURU
(CORAM: LAKHA, J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. NAI. 44 OF 1997
BETWEENKIPROP ARAP KOECH ..................................... APPLICANTANDKOEI ARAP KOECH
WILSON KIPLAGAT KOECH ...................... RESPONDENTS(Application for extension of time to file notice and record of appeal out of time in an intended appeal from the ruling of the High Court of Kenya at Nakuru (Rimita J) dated 19th October, 1993 in H.C.C.C. NO. 135 OF 1980) *****************R U L I N G
This is an application under rule 4 of the Rules of this Court for an extension to file notice of appeal and record of appeal out of time. The ruling of the superior court was delivered on 19th October, 1993. It is alleged that the court file went missing but was traced in August 1995. Yet this application was not filed until 13th February, 1997. This long delay remains unexplained. No proceedings or judgment (copies) are required to make such an application. I see no merit in this application. It is dismissed. Dated and delivered at Nakuru this 23rd day of September, 1997.
A.A. LAKHA---------------JUDGE OF APPEAL I certify that this is a true copy of the original. DEPUTY REGISTRAR