[2017] KEHC 2911 (KLR)
The court found that the applicant had provided sufficient explanation for the delay in filing the appeal and that the failure to appeal within the stipulated time was not deliberate or out of carelessness. Consequently, the court exercised its discretion to allow the application for leave to appeal out of time.
Source-derived case information.
- Citation
- [2017] KEHC 2911 (KLR)
- Parties
- Applicant: Lilian Tabu (Suing as next friend to Bernard Manya Sanya); Respondent: National Social Security Funds
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 57 of 2016
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application allowed
- Legal Topics
- Leave to Appeal Out of Time, Extension of Time, Civil Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lilian Tabu (Suing as next friend to Bernard Manya Sanya)
Applicant
National Social Security Funds
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant should be granted leave to appeal out of time under section 79G of the Civil Procedure Act.
Ratio Decidendi
The court found that the applicant had provided sufficient explanation for the delay in filing the appeal and that the failure to appeal within the stipulated time was not deliberate or out of carelessness. Consequently, the court exercised its discretion to allow the application for leave to appeal out of time.
Court Disposition
application allowed
Orders
- The applicant is granted leave to file the intended appeal out of time within 21 days from the date of the ruling.
- Costs be in the cause.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUSIA
MISCELLANEOUS CIVIL APPLICATION NO. 57 OF 2016
LILIAN TABU
(Suing as next friend toBERNARD MANYA SANYA)…………………….PLAINTIFF/APPLICANT
AND
NATIONAL SOCIAL SECURITY FUNDS….............................................…….DEF. /RESPONDENT
RULING
The applicant's application is brought by way of Notice of Motion dated 27th April 2016 pursuant to section 79G of the Civil Procedure Act and any other enabling provisions of the law. The applicant is seeking for leave to be allowed to appeal out of time.
I have perused the affidavits by both parties and the submissions by their respective counsel. I have also perused the authorities relied on by both parties.
For an application of this nature to succeed, the applicant is required to persuade the court that the failure to appeal within the stipulated time was not deliberate or out of carelessness. In the instant application, I am satisfied that the application is merited.
The application is therefore allowed and the applicant given 21 days, from the date of this ruling, to file the intended appeal. Costs be in the cause.
DELIVEREDandSIGNEDatBUSIA this 18thdayof October, 2017
KIARIE WAWERU KIARIE
JUDGE.