[2000] KECA 106 (KLR)
The court found that the applicant's delay in filing the Notice of Appeal and Record of Appeal was due to a genuine mistake by counsel, specifically the failure to serve the interested party. The court accepted this explanation as sufficient cause and exercised its discretion under Rule 4 of the Court of Appeal...
Source-derived case information.
- Citation
- [2000] KECA 106 (KLR)
- Parties
- Applicant: Municipal Council of Meru; Respondent: National Housing Corporation; Interested Parties: Amina Yusuf & 52 Others
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nyeri
- Jurisdiction
- Kenya
- Case Number
- ? 152 of 1999
- Procedural Posture
- Civil Application / Application for Extension of Time to File Appeal
- Outcome
- application allowed
- Legal Topics
- Extension of Time, Appeals Process, Procedural Default
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Municipal Council of Meru
Applicant
National Housing Corporation
Respondent
Amina Yusuf & 52 Others
Interested Parties
Procedural Posture
Civil Application / Application for Extension of Time to File Appeal
Legal Issues
- 1 Whether the applicant should be granted leave to file and serve the Notice of Appeal and Record of Appeal out of time.
- 2 Whether the delay in filing the appeal was sufficiently explained.
Ratio Decidendi
The court found that the applicant's delay in filing the Notice of Appeal and Record of Appeal was due to a genuine mistake by counsel, specifically the failure to serve the interested party. The court accepted this explanation as sufficient cause and exercised its discretion under Rule 4 of the Court of Appeal Rules to grant the extension of time. The respondent's objection was overruled, and the applicant was granted leave to file the Notice of Appeal within 7 days and the Record of Appeal within 14 days thereafter. The court emphasized that mistakes by counsel, when promptly and adequately explained, may justify the exercise of discretion in favor of an applicant seeking extension of...
Court Disposition
application allowed
Orders
- Leave is granted for the applicant to file the Notice of Appeal within 7 days from the date of the ruling.
- The Record of Appeal shall be lodged within 14 days from the date of filing the Notice of Appeal.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NYERI (CORAM: OWUOR, J.A. (IN CHAMBERS)) CIVIL APPLICATION NO. NAI. 152 OF 1999 (NYR. 12/99) BETWEEN
MUNICIPAL COUNCIL OF MERU ...................... APPLICANT AND NATIONAL HOUSING CORPORATION ................... RESPONDENT AMINA YUSUF & 52 OTHERS ........................ INTERESTED PARTIES
(Application for leave to file an intended appeal out of time from the Ruling or Order of the High Court of Kenya at Meru (Justice Etyang) dated 1st August, 1997 in H.C.C.C. NO. 71 OF 1996) ****************** R U L I N G
This is an application brought under rule 4 of the Rules of this Court for me to exercise my discretion and extend the time for the applicant to file and serve the Notice of Appeal and Record of Appeal out of time. The intended appeal is against the order of Etyang, J. made on 10th August, 1997 at Meru in H.C.C.C. No. 71 of 1996.
The applicant being dissatisfied with that Ruling he filed Civil Appeal No. 261 of 1997 to this Court. The same was thereafter struck out by this Court on 12th May, 1999 as being incompetent for contravening Rule 76(1) of the Rules of this Court.
Immediately thereafter the applicant filed this application seeking for leave to enable him to mount a proper appeal. The reason for the delay has been sufficiently explained to me in that Counsel made a mistake and did not serve the interested party. I accept that as a genuine mistake and see no reason why I should not exercise my discretion in favour of the applicant; Counsel for the respondent's objection notwithstanding.
I hereby grant the leave so sought for the Notice of Appeal to be filed within 7 days from to-days date and thereafter the record of appeal to be lodged within 14 days from the date of filing of the Notice.
Dated and delivered at Nyeri this 19th day of May, 2000.
E. OWUOR .................... JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR