[1997] KECA 227 (KLR)
The Court found that the applicants acted diligently and demonstrated a strong desire to appeal. The application was unopposed, and the applicants had an arguable appeal as previously recognized by the Court. Therefore, the Court exercised its discretion to grant leave to file the Notice and Record of Appeal out of...
Source-derived case information.
- Citation
- [1997] KECA 227 (KLR)
- Parties
- Applicant: Mugo Waithaka; Applicant: Njihia Mugo; Applicant: Ndungu Mugo; Applicant: Mwangi Mugo; Respondent: Mwaura Gitau
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 42 of 1997
- Procedural Posture
- Civil Application / Application for Leave to Appeal Out of Time
- Outcome
- Application granted. Leave to appeal out of time allowed.
- Legal Topics
- Leave to Appeal Out of Time, Extension of Time, Unopposed Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mugo Waithaka
Applicant
Njihia Mugo
Applicant
Ndungu Mugo
Applicant
Mwangi Mugo
Applicant
Mwaura Gitau
Respondent
Procedural Posture
Civil Application / Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicants should be granted leave to appeal out of time.
- 2 Whether the application is meritorious and unopposed.
Ratio Decidendi
The Court found that the applicants acted diligently and demonstrated a strong desire to appeal. The application was unopposed, and the applicants had an arguable appeal as previously recognized by the Court. Therefore, the Court exercised its discretion to grant leave to file the Notice and Record of Appeal out of time, setting specific timelines for compliance.
Court Disposition
Application granted. Leave to appeal out of time allowed.
Orders
- Leave granted to lodge Notice of Appeal and Record of Appeal out of time.
- Notice of Appeal to be filed within 14 days.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
CORAM: TUNOI, J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. NAI. 42 OF 1997 (UR. 20/97)
BETWEEN
MUGO WAITHAKA ...................................... 1ST APPLICANT
NJIHIA MUGO ........................................ 2ND APPLICANT
NDUNGU MUGO ........................................ 3RD APPLICANT
MWANGI MUGO ........................................ 4TH APPLICANT
AND
MWAURA GITAU ....................................... RESPONDENT
(Being an application for leave to appeal out of time against the Judgment/Decree of the High Court of Kenya at Nakuru (Hon. Mr. Justice Rimita) dated the 5th day of February, 1996 in H.C.C.C. NO. 111 OF 1989) ********************
RULING
The advocate for the respondent is duly served but is absent without a reasonable cause. The application before me is therefore unopposed. In any case it is meritorious. The applicants have acted with diligence and have exhibited strong desire to appeal. They have an arguable appeal as expressed by this Court in its ruling dated 20th September, 1996. I grant the application as prayed and do grant leave to the applicants to lodge their Notice of Appeal and Record of Appeal out of time. The Notice of Appeal shall be filed within 14 days hereof and the Record of Appeal shall be lodged in Court 60 days thereafter. Costs of this application shall be in the intended appeal.
Dated and delivered at Nairobi this 19th day of March, 1997.
P. K. TUNOI
...............
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR