[2020] KEHC 7555 (KLR)
The court found that the delay in filing the notice of appeal was not intentional after considering the applicant's supporting affidavit. Exercising its discretion under the relevant legal provisions, the court allowed the application for enlargement of time, subject to the condition that the notice of appeal be...
Source-derived case information.
- Citation
- [2020] KEHC 7555 (KLR)
- Parties
- Appellant: Mwamati Nzuli; Appellant: Easy Coach Limited; Respondent: Joseph Oluoch Onyango (suing as personal representative and administrator of the estate of Richard Osianga Marunga - deceased)
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 33 of 2015
- Procedural Posture
- Civil Appeal / Ruling on Application to Enlarge Time to File Notice of Appeal
- Outcome
- Application allowed with conditions.
- Judges
- KW Kiarie
- Legal Topics
- Extension of Time, Notice of Appeal, Appellate Jurisdiction, Court Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mwamati Nzuli
Appellant
Easy Coach Limited
Appellant
Joseph Oluoch Onyango (suing as personal representative and administrator of the estate of Richard Osianga Marunga - deceased)
Respondent
Procedural Posture
Civil Appeal / Ruling on Application to Enlarge Time to File Notice of Appeal
Legal Issues
- 1 Whether the court should enlarge time for the respondent to file a notice of appeal out of time.
- 2 Whether the delay in filing the notice of appeal was intentional or excusable.
Ratio Decidendi
The court found that the delay in filing the notice of appeal was not intentional after considering the applicant's supporting affidavit. Exercising its discretion under the relevant legal provisions, the court allowed the application for enlargement of time, subject to the condition that the notice of appeal be filed within fifteen days of the ruling. The court further directed that costs would abide the outcome of the appeal.
Court Disposition
Application allowed with conditions.
Orders
- Time is enlarged for the respondent to file a notice of appeal out of time, provided it is filed within fifteen days of this ruling.
- Costs will abide with the outcome of the appeal.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT BUSIA
CIVIL APPEAL NO. 33 OF 2015
BETWEEN
1. MWAMATI NZULI
2. EASY COACH LIMITED....................................................APPELLANTS
AND
JOSEPH OLUOCH ONYANGO(Suing as personal
representative and the administrator of the estate of
RICHARD OSIANGA MARUNGA-deceased)...................RESPONDENT
RULING
1. Joseph Oluoch Onyango, the applicant herein moved the court by way of Notice of Motion dated 23rd August 2019 under Order 51 of the Civil Procedure Rules and Section 74 (4) of the Appellate Jurisdiction Act. The following orders are being sought:
a) That this court be pleased to enlarge time for the respondent herein to file a Notice of appeal out of time.
b) That costs of this application be borne by the appellant.
2. The application is premised on the following grounds:
a) That the respondent was aggrieved by the judgment that was delivered on 12th June 2019.
b) That the delay to file the same within the prescribed time was not intentional.
3. The application was opposed by the respondent on ground that it is an abuse of the court process.
4. I have perused the supporting affidavit of the applicant and I am satisfied that the delay was not intentional. I accordingly allow the application on condition that the said Notice of Appeal is filed within fifteen days of this ruling.
5. Costs will abide with the outcome of the appeal.
DELIVERED and SIGNED at BUSIA this 12th day of March, 2020
KIARIE WAWERU KIARIE
JUDGE