[2008] KEHC 2795 (KLR)
The court found that the applicant had satisfactorily explained the delay in filing the appeal, citing illness and lack of funds as valid reasons. The court also noted that the respondent would not suffer any prejudice since she had already filed an appeal against the same judgment. Consequently, the court exercised...
Source-derived case information.
- Citation
- [2008] KEHC 2795 (KLR)
- Parties
- Applicant: Nduta Juma; Respondent: Eunice Wamiru Kiura
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- ? 42 of 2007
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Extension of Time to Appeal
- Outcome
- application allowed
- Legal Topics
- Extension of Time, Appeals Process, Delay Explanation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nduta Juma
Applicant
Eunice Wamiru Kiura
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Extension of Time to Appeal
Legal Issues
- 1 Whether the applicant has provided sufficient cause for extension of time to file an appeal.
- 2 Whether the delay in filing the appeal is satisfactorily explained.
- 3 Whether granting the extension would prejudice the respondent.
Ratio Decidendi
The court found that the applicant had satisfactorily explained the delay in filing the appeal, citing illness and lack of funds as valid reasons. The court also noted that the respondent would not suffer any prejudice since she had already filed an appeal against the same judgment. Consequently, the court exercised its discretion to allow the application for extension of time, granting the applicant leave to file the intended appeal within 21 days. Costs were ordered to be in the appeal.
Court Disposition
application allowed
Orders
- Extension of time to file appeal granted.
- Proposed appeal to be filed within 21 days.
Full Case Text
Judgment text and source record
22 paragraphs
NDUTA JUMA ……………………......………………………APPLICANT
VERSUS
EUNICE WAMIRU KIURA……………………………….RESPONDENT
RULING
Notice of Motion dated 15/8/2006 seeks extension of time to file appeal against Judgment delivered on 16/2/2006 in RMCC No. 43 of 1994 at Wanguru Court.The supporting affidavit indicate that the applicant is involved in Appeal No. 12/2006 in the High Court here which appeal is filed by the Respondent. Also that the failure to file appeal within time is because of illness and lack of funds to pay court fees. On the other hand the Respondent who says she is 2nd wife of deceased brother of applicant opposes application but confirms that she has filed an appeal against the same Judgment.
I have considered the submissions of counsel and the authorities relied upon by Mr. Mugo for Applicant. It is clear no prejudice will be suffered by the Respondent also the delay occasioned is satisfactorily explained. I allow the application and grant orders sought. Costs in the appeal.
Dated this 28th January, 2008.
J. N. KHAMINWA
JUDGE
Mr. Kahiga:- The filing of counter appeal to be limited in time.
Mr. Githinji:- Let them be given 21 days.
Order: The proposed appeal shall be filed within the next 21 days.
J. N. KHAMINWA
JUDGE
28/1/2008
Khaminwa – Judge
Njue – Clerk
Mr. Nthiga – present
Mr. Githinji – present
Read in open court.
J. N. KHAMINWA
JUDGE