[2000] KECA 113 (KLR)
The court found that the applicant had satisfactorily explained the 58-day delay in filing the notice and record of appeal, attributing it to both financial incapacity and mental health issues. The court emphasized that in land disputes, poverty and mental incapacity are valid considerations for granting an...
Source-derived case information.
- Citation
- [2000] KECA 113 (KLR)
- Parties
- Applicant: Mwangi Kinyua; Respondent: Waweru Kinyanjui; Respondent: Director of Settlement; Respondent: Machira Macharia; Respondent: Daniel Kogi Githu; Respondent: Daniel Muhia
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous Application 124 of 2000
- Procedural Posture
- Civil Application / Application for Extension of Time
- Outcome
- application allowed
- Legal Topics
- Extension of Time, Appeals Process, Delay Explanation, Access to Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Mwangi Kinyua
Applicant
Waweru Kinyanjui
Respondent
Director of Settlement
Respondent
Machira Macharia
Respondent
Daniel Kogi Githu
Respondent
Daniel Muhia
Respondent
Procedural Posture
Civil Application / Application for Extension of Time
Legal Issues
- 1 Whether the applicant has provided sufficient cause for the delay in filing and serving the notice and record of appeal.
- 2 Whether poverty and mental incapacity are valid grounds for extension of time in land disputes.
Ratio Decidendi
The court found that the applicant had satisfactorily explained the 58-day delay in filing the notice and record of appeal, attributing it to both financial incapacity and mental health issues. The court emphasized that in land disputes, poverty and mental incapacity are valid considerations for granting an extension of time. The court held that denying the applicant access to appeal due to poverty would be unjust, and that there was a genuine intention to pursue the matter. Accordingly, the court exercised its discretion to grant the extension sought, setting specific timelines for filing the notice and record of appeal, and awarding costs to the respondents.
Court Disposition
application allowed
Orders
- Extension of time granted to file and serve notice of appeal within 7 days.
- Record of appeal to be lodged within 21 days thereafter.
Full Case Text
Judgment text and source record
13 paragraphs
IN THE COURT OF APPEAL
AT NAKURU
(CORAM: TUNOI, J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. NAI. 124 OF 2000 (NAK 16. 00)
BETWEEN MWANGI KINYUA ...........................................APPLICANT AND 1. WAWERU KINYANJUI
2. DIRECTOR OF SETTLEMENT
3. MACHIRA MACHARIA
4. DANIEL KOGI GITHU
5. DANIEL MUHIA .......................................RESPONDENT
R U L I N G
In this application expressed to be brought under rule 4 of the Rules of this Court, I am asked to exercise my discretion in favour of the applicant and grant him extension of time to file and serve the notice of appeal and record of appeal in an intended appeal from the judgment of the superior court dated 8th December, 1993. This application has been lodged pursuant to the order of this Court which struck out Civil Appeal No. 279 of 1999 on 25th February, 2000. The delay involved herein is 58 days and is largely attributed to the applicant's inability to raise the requisite money for fees.
The subject matter of the dispute is land, which in my view, is one of the factors which much weigh heavily in deciding whether to grant the application or not. The delay as far as I am concerned has been explained to my satisfaction. I agree with Shah J.A. in Civil Application No. 241 of 1999 (Nai.) that the poverty of a litigant ought to be given serious consideration by a single judge in such a matter as a land dispute. A litigant should not be denied access to the highest court on the land because he is poor. I also think that the state of the mind of the applicant is a contributory factor in the delay. This inability, due to a disease of the mind, has hampered the speedy process of the intended appeal.
To my satisfaction, there is a genuine desire on the part of the applicant to pursue the dispute to its logical conclusion. Accordingly, I allow the application and grant the extension sought. The Notice of Appeal shall be filed within 7 days hereof. The record of appeal shall be lodged in 21 days thereafter. The applicant shall pay each respondent costs assessed at Shs.2,000/- within 15 days hereof.Dated and delivered at Nakuru this 29th day of September, 2000. P. K. TUNOIJUDGE OF APPEAL I certify that this is a true copy of the original. DEPUTY REGISTRAR.