[1997] KECA 150 (KLR)
The court exercised its unfettered discretion under Rule 4 of the Court of Appeal Rules, finding that the applicant's delay in filing the record of appeal was largely attributable to the 981 days taken to obtain certified copies of the proceedings and ruling from the superior court. The court held that the short...
Source-derived case information.
- Citation
- [1997] KECA 150 (KLR)
- Parties
- Applicant: Ndimo Farmers Co-op. Society Ltd; Respondent: Samuel Wachira & Others
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 167 of 1997
- Procedural Posture
- Civil Application / Application for Extension of Time to File Record of Appeal
- Outcome
- application granted
- Judges
- AM Akiwumi
- Legal Topics
- Extension of Time, Appeals Process, Record of Appeal, Court of Appeal Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ndimo Farmers Co-op. Society Ltd
Applicant
Samuel Wachira & Others
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to File Record of Appeal
Legal Issues
- 1 Whether the applicant should be granted leave to file a record of appeal out of time.
- 2 Whether the delay in filing the record of appeal was sufficiently explained.
Ratio Decidendi
The court exercised its unfettered discretion under Rule 4 of the Court of Appeal Rules, finding that the applicant's delay in filing the record of appeal was largely attributable to the 981 days taken to obtain certified copies of the proceedings and ruling from the superior court. The court held that the short delay between receipt of the documents and the filing of the application for extension of time was not sufficient reason to deny the application, especially since such applications do not require prior consideration by the superior court. Accordingly, the court granted the applicant an additional 30 days to file the record of appeal.
Court Disposition
application granted
Orders
- The applicant is granted an extension of 30 days from the date of this ruling to file the record of appeal.
- The applicant shall pay the respondents' costs for today assessed at KES 2,500 within 14 days, failing which execution to issue.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: AKIWUMI, J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. NAI. 167 OF 1997
BETWEEN
NDIMO FARMERS CO-OP. SOCIETY LTD ...................... APPLICANT
AND
SAMUEL WACHIRA & OTHERS ............................. RESPONDENTS
(Application for leave to file a Record of Appeal out of time in an intended Appeal from a Ruling and Order of the High Court of Kenya at Nairobi (Justice Dugdale) dated 4th October, 1994 in H.C. MISC. APPLI. NO. 192 OF 1984) ************
R U L I N G
In exercise of my unfettered powers under Rule 4 I grant the application for extension of time to file the record of appeal for another 30 days from now. It is true that the applicant had not filed the record of appeal within 60 days after receiving them but if it has taken 981 days to obtain the certified copies of the proceedings and the ruling in the superior court which incidentally does not include exhibits, I do not think that the delay of some few days that is from 10th June, 1997 to 3rd July, 1997 when the application was filed, should constitute sufficient reason why I should not exercise my unfettered powers in this application, which unlike other applications, does not require to have been first considered by the superior court. The applicant will pay the respondents costs for today assessed at 2,500/- within 14 days otherwise execution to issue.
Dated and delivered at Nairobi this 18th day of November, 1997.
A. M. AKIWUMI
................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR.