[1999] KECA 29 (KLR)
The court found that although the delay in filing the appeal was inordinate, the applicant satisfactorily explained the cause of delay, namely the inability to obtain the file from his previous advocate due to a fee dispute. The court was satisfied with the explanation and exercised its discretion to grant an...
Source-derived case information.
- Citation
- [1999] KECA 29 (KLR)
- Parties
- Applicant: Medokenya Ole Maloi; Respondent: Njuguna Kamau
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 283 of 1993
- Procedural Posture
- Civil Application / Application for Extension of Time to Appeal
- Outcome
- Application allowed. Time for filing the appeal extended to 15th August, 1999. No order as to costs.
- Legal Topics
- Extension of Time, Appeal Lodgment, Delay Explanation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Medokenya Ole Maloi
Applicant
Njuguna Kamau
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to Appeal
Legal Issues
- 1 Whether the applicant has provided sufficient explanation for the inordinate delay in filing the appeal.
- 2 Whether the court should exercise its discretion to extend time for filing the appeal.
Ratio Decidendi
The court found that although the delay in filing the appeal was inordinate, the applicant satisfactorily explained the cause of delay, namely the inability to obtain the file from his previous advocate due to a fee dispute. The court was satisfied with the explanation and exercised its discretion to grant an extension of time for filing the appeal, setting a new deadline. No order as to costs was made.
Court Disposition
Application allowed. Time for filing the appeal extended to 15th August, 1999. No order as to costs.
Orders
- Time for filing the appeal is extended to 15th August, 1999.
- No order as to costs.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: KWACH, J.A.(IN CHAMBERS) CIVIL APPLICATION NO. NAI 283 OF 1993
MEDOKENYA OLE MALOI................................ APPLICANT AND NJUGUNA KAMAU ................................... RESPONDENT
(Application for leave to file appeal out of time at the High Court of Kenya at Nairobi (Hon. Aluoch, J) dated 11th June, 1987
in
H.C.C.C. NO. 66 OF 1979)
*************** R U L I N G
This is a second application for extention of time to lodge an appeal. The first extension expired because the applicant was unable to obtain his file for his previous advocate who refused to release it because he had not been paid. Mr Gatimu now says he has all the documents he needs to lodge an appeal.
Although the delay involved here is inordinate, it has been explained to my satisfaction. Accordingly, I allow the application and extend the time for filing the appeal to 15th August, 1999. I make no order as to costs.
Dated and delivered at Nairobi this 22nd day of July, 1999.
R. O. KWACH
----------------
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR