[2001] KECA 181 (KLR)
The court found that although the delay between the availability of proceedings and the filing of the application was considerable, the applicants provided an explanation, including illness of the second applicant and reliance on their advocate. Taking these factors into account, the court exercised its discretion...
Source-derived case information.
- Citation
- [2001] KECA 181 (KLR)
- Parties
- Applicant: Lulu Dry Cleaners Ltd; Applicant: Dishon Jumba; Respondent: Kenya Industrial Estates; Respondent: Charles O. Kamidi
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Application 281 of 2001
- Procedural Posture
- Civil Application / Application for Extension of Time to File and Serve Record of Appeal
- Outcome
- application allowed
- Legal Topics
- Extension of Time, Appeals Process, Delay Explanation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lulu Dry Cleaners Ltd
Applicant
Dishon Jumba
Applicant
Kenya Industrial Estates
Respondent
Charles O. Kamidi
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to File and Serve Record of Appeal
Legal Issues
- 1 Whether the applicants have provided sufficient explanation for the delay in filing the record of appeal.
- 2 Whether the court should exercise its discretion to extend time for filing and serving the record of appeal.
Ratio Decidendi
The court found that although the delay between the availability of proceedings and the filing of the application was considerable, the applicants provided an explanation, including illness of the second applicant and reliance on their advocate. Taking these factors into account, the court exercised its discretion to allow the extension of time, emphasizing that justice would be better served by permitting the intended appeal to proceed.
Court Disposition
application allowed
Orders
- Time for lodging the record of appeal is extended; the record of appeal must be lodged within fourteen days from the date of this ruling.
- Costs of the motion shall be in the intended appeal.
Full Case Text
Judgment text and source record
9 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU CORAM: OMOLO, J.A. (CHAMBERS) CIVIL APPLICATION NO. NAI. 281 OF 2001 (KSM 45/2001) BETWEEN
LULU DRY CLEANERS LTD .......................... 1ST APPLICANT DISHON JUMBA ........................................... 2ND APPLICANT AND KENYA INDUSTRIAL ESTATES .................... 1ST RESPONDENT CHARLES O. KAMIDI ................................... 2ND RESPONDENT(An application for extension of time to file and serve record of appeal out of time in an intended appeal from the judgment and decree of the High Court of Kenya at Kakamega (Tanui, J) delivered on 19th June, 2001 in H.C.C.C. NO. 376 OF 1992) ********************* R U L I N G:
The judgment and decree against which the applicants intend to appeal, though dated 19th January, 2000 was apparently only delivered on the 19th June, 2000, some five or so months after it was dated. Why that delay was there, I do not know.The applicants filed their notice of appeal within the time allowed and they then applied for proceedings and judgment. That was also within the time allowed. The proceedings were supplied on 30th January, 2001 though they were available for collection by 8th January 2001. The applicants were relying on their advocate and the advocate let them down. The application now before me was filed on 17th July, 2001 and that is clearly a considerable delay. The delay is explained on the ground that the second applicant has been ailing and some medical document is attached in support.
Though the delay between 30th January, 2001 and 17th July, 2001 is long, I take into account the explanation given by the applicants and despite its length I am prepared to extend time as prayed for.Accordingly, I allow the motion dated and lodged in court on 17th July, 2001 and order that the record of appeal must be lodged within fourteen days from to-day's date.
The costs of the motion shall be in the intended appeal.
Dated and delivered at Kisumu this 21st day of November, 2001.
R. S. C. OMOLO
JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR