[1999] KECA 91 (KLR)
The court found that the applicant acted diligently by promptly applying for the proceedings and the order, seeking approval from the respondents' counsel, and submitting the order for certification. The delay in obtaining the certified order was due to administrative processes beyond the applicant's control. Since...
Source-derived case information.
- Citation
- [1999] KECA 91 (KLR)
- Parties
- Appellant: Magana Holdings Limited; Respondent: Lilian Njeri Mungai; Respondent: Njoroge Mungai
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 143 of 1996
- Procedural Posture
- Civil Appeal / Application for Extension of Time to Lodge Appeal
- Outcome
- Application allowed. Extension of time to lodge appeal granted.
- Legal Topics
- Extension of Time, Appeal Lodgment, Certification of Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Magana Holdings Limited
Appellant
Lilian Njeri Mungai
Respondent
Njoroge Mungai
Respondent
Procedural Posture
Civil Appeal / Application for Extension of Time to Lodge Appeal
Legal Issues
- 1 Whether the applicant demonstrated sufficient cause for extension of time to lodge the appeal.
- 2 Whether procedural requirements for lodging an appeal were met by the applicant.
Ratio Decidendi
The court found that the applicant acted diligently by promptly applying for the proceedings and the order, seeking approval from the respondents' counsel, and submitting the order for certification. The delay in obtaining the certified order was due to administrative processes beyond the applicant's control. Since the appeal was lodged within a reasonable time after certification and there was no evidence to contradict the applicant's account, the court exercised its discretion to grant the extension of time to lodge the appeal up to 15th August, 1996.
Court Disposition
Application allowed. Extension of time to lodge appeal granted.
Orders
- Time for lodging the appeal is extended to 15th August, 1996.
- Costs of the application shall be in the appeal.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CORAM: OMOLO, J.A. (IN CHAMBERS) CIVIL APPEAL APPLICATION NO. 143 OF 1996 BETWEEN
MAGANA HOLDINGS LIMITED .......................... APPELLANT
AND
1. LILIAN NJERI MUNGAI)
2. NJOROGE MUNGAI ).......................... RESPONDENTS
(Appeal from the Ruling of the High Court of Kenya at Nairobi (Justice Hayanga) dated 13th February, 1996 in CIVIL CASE NO. 973 OF 1995 (O.S) ************ R U L I N G
There is really no valid reason upon which I can refuse to exercise my discretion in favour of the applicant. The ruling the applicant intends to challenge in this court was delivered on the 13th February, 1996. The applicant filed its notice of appeal on the 20th February, 1996. On the 14th February, 1996 the applicant applied for the proceedings and ruling and that letter was duly copied to counsel for both respondents. The proceedings were apparently supplied to the applicant within time. But to mount a competent appeal, the applicant needed a certified copy of the order and there is evidence that the applicant drew-up a draft order, sent it to Mr. Oduol for approval and that Mr Oduol did approve the draft order on the 2nd May, 1996. That would not be the end of the matter for the applicant for the approved order had to be signed and certified by the Deputy Registrar of the High Court. Mr. Lepelley says he sent the order to the Deputy Registrar on the 6th May, 1996 and as matters stand before me, there is nothing to contract that assertion. At page 137 of the record of appeal within which this application is filed, it is shown that the Deputy Registrar certified the order on the 29th July, 1996. The appeal was lodged on the 15th August, 1996. As Mr. Lepelley correctly points out, a certificate of delay is only required in respect of proceedings. There was accordingly no occasion to look for a certificate of delay. In these circumstances, it would be wrong to refuse the applicant the extension it seeks. Accordingly, I allow this application and extend the time within which to lodge the appeal to the 15th August, 1996.
The costs of this application shall be in the appeal. Those shall be my orders.
Dated and delivered this 16th day of April, 1996.
R.S.C. OMOLO
..................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
.................................. DEPUTY REGISTRAR