[2001] KECA 134 (KLR)
The court found that the applicant failed to provide a bona fide or satisfactory explanation for the delay in filing the requisite letter to the Registry. The illness of a clerk did not absolve the advocates from their duty to inquire into the timely filing or non-filing of the letter for over seven months. The...
Source-derived case information.
- Citation
- [2001] KECA 134 (KLR)
- Parties
- Applicant: Kiu Ranching and Farming Co-operative Society Ltd; Respondent: Kisee Maweu & 9 Others
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 193 of 2001
- Procedural Posture
- Civil Application / Application for Extension of Time to Refer Matter to Full Court
- Outcome
- application dismissed with costs
- Legal Topics
- Extension of Time, Appeals Process, Exercise of Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kiu Ranching and Farming Co-operative Society Ltd
Applicant
Kisee Maweu & 9 Others
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to Refer Matter to Full Court
Legal Issues
- 1 Whether the applicant has provided sufficient cause for extension of time to refer the matter to the full court.
- 2 Whether the delay in filing the requisite letter was justified.
Ratio Decidendi
The court found that the applicant failed to provide a bona fide or satisfactory explanation for the delay in filing the requisite letter to the Registry. The illness of a clerk did not absolve the advocates from their duty to inquire into the timely filing or non-filing of the letter for over seven months. The subsequent delay in taking any action to regularize the non-filing until the application was lodged further demonstrated a lack of diligence. In the absence of any compelling reason or evidence to justify the delay, the court declined to exercise its discretion in favour of the applicant and dismissed the application with costs.
Court Disposition
application dismissed with costs
Orders
- The application for extension of time is dismissed with costs.
Full Case Text
Judgment text and source record
19 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
CORAM: SHAH J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. NAI. 193 OF 2001
BETWEEN
KIU RANCHING AND FARMING CO-OPERATIVE SOCIETY LTD...........…..APPLICANT
AND
KISEE MAWEU & 9 OTHERS ...................................................................RESPONDENTS
(An application for extension of time to refer the matter to full court in an intended appeal from a judgment of the High Court of Kenya at Machakos (Mwera, J) dated 4th January, 1992
in
H.C.C.C. NO. 2749 OF 1981) ****************
R U L I N G
I am not satisfied that the application before me has been made in a bona fide manner. One would expect a clerk to fall ill and not file the requisite letter at the Registry but I do not see how the advocates would not inquire into the timeous filing or non-filing thereof for more than seven months. If the letter was not lodged on 19th October, 2000 it was incumbent upon the advocates to inquire into that aspect.
As it is now, the letter was not lodged until 9th November, 2000. Further no action was taken to regularize the nonfiling until 12th June, 2001 when this application was lodged.
I see absolutely nothing before me to enable me to exercise my discretion in favour of the applicant. I dismiss this application with costs.
Dated and delivered at Nairobi this 2nd day of November, 2001.
A.B. SHAH ................ JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR.