[2005] KEHC 827 (KLR)
The court found that the application for leave to appeal out of time was confused and ambiguous, particularly regarding the dates of the judgment and the period of delay. The applicants failed to provide a clear and coherent explanation for the delay, and the supporting affidavit and documents did not clarify the...
Source-derived case information.
- Citation
- [2005] KEHC 827 (KLR)
- Parties
- Applicant: Lucy Wanjiru Mucendu; Applicant: Veronica Wangui Kiragu; Applicant: Beatrice Kariko Gathogo; Applicant: Jane Wangari Miano; Applicant: Margaret Wangeci Njuraita; Respondent: Pauline W. Wanjohi; Respondent: Mary Njoki Muthii; Respondent: Jane Wangeci Warui
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- ? 148 of 2003
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application dismissed
- Legal Topics
- Leave to Appeal Out of Time, Extension of Time, Certificate of Delay
- 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
Lucy Wanjiru Mucendu
Applicant
Veronica Wangui Kiragu
Applicant
Beatrice Kariko Gathogo
Applicant
Jane Wangari Miano
Applicant
Margaret Wangeci Njuraita
Applicant
Pauline W. Wanjohi
Respondent
Mary Njoki Muthii
Respondent
Jane Wangeci Warui
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicants have provided sufficient grounds for leave to file an appeal out of time.
- 2 Whether the application is clear and unambiguous regarding the dates relevant to the delay.
Ratio Decidendi
The court found that the application for leave to appeal out of time was confused and ambiguous, particularly regarding the dates of the judgment and the period of delay. The applicants failed to provide a clear and coherent explanation for the delay, and the supporting affidavit and documents did not clarify the necessary facts. As a result, the court exercised its discretion to dismiss the application, holding that the applicants had not met the threshold for the grant of leave to appeal out of time.
Court Disposition
application dismissed
Orders
- The application for leave to appeal out of time is dismissed.
- Costs awarded to the respondents.
Full Case Text
Judgment text and source record
7 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KENYA Misc Civ Appli 148 of 2003
1. LUCY WANJIRU MUCENDU ) 2. VERONICA WANGUI KIRAGU ) 3. BEATRICE KARIKO GATHOGO ) 4. JANE WANGARI MIANO ) 5. MARGARET WANGECI NJURAITA ) ………………………..…. APPLICANTS
VERSUS
1. PAULINE W. WANJOHI ) (Chairperson of Witeithie Mukaguyu Women Group) 2. MARY NJOKI MUTHII ) (Secretary of Witeithie Mukaguyu Women Group ) 3. JANE WANGECI WARUI ) (Treasurer of Witeithie Mukaguyu Women Group) ………………. RESPONDENTS
R U L I N G By a notice of motion dated 4th July 2003 filed on 4th August 2003, the applicants seek leave of this court to file their appeal out of time against the judgment and ruling in Kerugoya Civil Suit No. 95 of 2002 consolidated with No. 96 to 99 of 2002. Neither the application nor the affidavit in support state when the judgment or ruling subject of the intended appeal was delivered. However the attached Memorandum of appeal shows the judgment appealed against as dated 27th June 2003. The affidavit in support however shows that the proceedings and judgment were applied for on 20th November 2002 and were not ready for collection until the 28th day of July 2003. A certificate of delay has been annexed in support of those dates. I concur with the Respondent’s advocate that this application is confused and ambiguous. The same is accordingly dismissed. Costs to the Respondent.
Dated 7th day of December 2005
H. M. OKWENGU JUDGE