[2002] KECA 111 (KLR)
The court found that the delay in filing the application for extension of time was not so inordinate as to justify shutting out the applicants from appealing, especially considering that they were unrepresented and needed time to secure legal counsel. The court exercised its discretion to allow the application,...
Source-derived case information.
- Citation
- [2002] KECA 111 (KLR)
- Parties
- Applicant: Mwaniki Gakuya & Another; Respondent: Priscilla Wanjiku Gakuya
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nyeri
- Jurisdiction
- Kenya
- Case Number
- ? 443 of 2001
- Procedural Posture
- Civil Application / Application for Extension of Time to File Notice and Record of Appeal
- Outcome
- Application allowed.
- Legal Topics
- Extension of Time, Appeals Process, Delay in Filing, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mwaniki Gakuya & Another
Applicant
Priscilla Wanjiku Gakuya
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to File Notice and Record of Appeal
Legal Issues
- 1 Whether the delay in filing the notice and record of appeal was so inordinate as to warrant denial of extension of time.
- 2 Whether the applicants should be granted leave to file the notice and record of appeal out of time.
Ratio Decidendi
The court found that the delay in filing the application for extension of time was not so inordinate as to justify shutting out the applicants from appealing, especially considering that they were unrepresented and needed time to secure legal counsel. The court exercised its discretion to allow the application, enabling the applicants to pursue their appeal, while also awarding costs to the respondent.
Court Disposition
Application allowed.
Orders
- Notice of appeal to be lodged within seven days.
- Record of appeal to be lodged within thirty days of the notice of appeal.
Full Case Text
Judgment text and source record
17 paragraphs
IN THE COURT OF APPEAL
AT NYERI
CORAM: SHAH, J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. NAI. 443 OF 2001(UR.234/2001)
BETWEEN
MWANIKI GAKUYA & ANOTHER ............................. APPLICANTS AND PRISCILLA WANJIKU GAKUYA ............................. RESPONDENT
(An application for extension of time to file Notice
and Record of Appeal from a Ruling of the High Court
of Kenya at Embu (Mr. Justice Tuiyot) dated 4th September
2001
in
H.C.C.A. NO. 30 OF 1999)
*************
R U L I N G The applicants were the respondents in the first appeal in the superior court. That court heard an appeal against a decision of Kerugoya Resident Magistrate's Court and overruled the learned magistrate, hereby allowing that appeal. The applicants are desirous of appealing. The High Court judgment was delivered on 4th September, 2001. This application was lodged on 13th December, 2001. Considering the fact that the two applicants were not then represented and that they had to look for advocates to lodge this application, the delay is not so inordinate as to enable me shut out the applicants from appealing.
I allow this application and order that the notice of appeal be lodged within the next seven days and the record of appel be lodged within 30 days of the lodgment of the notice of appeal. The respondent will have costs of this application which I assess at Shs. 3,000/=. These must be find within the next 30 days failing which execution may issue.
Dated and delivered at Nyeri this 10th day of May, 2002. A. B. SHAH ........................ JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR