[2022] KEHC 13124 (KLR)
The court found that the applicants failed to provide a sufficient and satisfactory explanation for the delay in seeking leave to appeal out of time. Although the applicants blamed their previous counsel for the delay, the court noted that the trial court’s file was availed to them in October 2019, yet they only...
Source-derived case information.
- Citation
- [2022] KEHC 13124 (KLR)
- Parties
- Applicant: Sospeter Kibeh Ng’ang’a; Applicant: Peter Ndungu Ng’ang’a; Respondent: Margaret Wanjiru Ng’ang’a; Respondent: Agnes Warigia Ng’ang’a
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E101 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application dismissed with costs
- Judges
- MM Kasango
- Legal Topics
- Leave to Appeal Out of Time, Extension of Time, Delay in Filing Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sospeter Kibeh Ng’ang’a
Applicant
Peter Ndungu Ng’ang’a
Applicant
Margaret Wanjiru Ng’ang’a
Respondent
Agnes Warigia Ng’ang’a
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicants have provided sufficient explanation for the delay in filing the appeal out of time.
- 2 Whether leave to appeal out of time should be granted in the circumstances.
Ratio Decidendi
The court found that the applicants failed to provide a sufficient and satisfactory explanation for the delay in seeking leave to appeal out of time. Although the applicants blamed their previous counsel for the delay, the court noted that the trial court’s file was availed to them in October 2019, yet they only filed the present application in April 2021. The court held that the applicants did not act with reasonable diligence and that the explanation for the delay was inadequate. Consequently, the application lacked merit and was dismissed with costs.
Court Disposition
application dismissed with costs
Orders
- The application for leave to appeal out of time is dismissed with costs to the respondents.
- File closed.
Full Case Text
Judgment text and source record
24 paragraphs
Ng’ang’a & another v Ng’ang’a & another (Miscellaneous Application E101 of 2021) [2022] KEHC 13124 (KLR) (22 September 2022) (Ruling)
Neutral citation: [2022] KEHC 13124 (KLR)
Republic of Kenya
In the High Court at Kiambu
Miscellaneous Application E101 of 2021
MM Kasango, J
September 22, 2022
Between
Sospeter Kibeh Ng’ang’a
1st Applicant
Peter Ndungu Ng’ang’a
2nd Applicant
and
Margaret Wanjiru Ng’ang’a
1st Respondent
Agnes Warigia Ng’ang’a
2nd Respondent
(Being an appeal from the Ruling and Order of Kiambu Chief Magistrates Court (Hon. P. Gichohi, CM) dated 18th June, 2019 in Kiambu Succession Cause No. 294 of 2016)
Ruling
1. The applicants seek leave by the notice of motion dated 27th April, 2021 to file an appeal out of time of the Ruling of the trial court of 18th June, 2019.
2. The applicants, though they blame their previous counsel for the delay, they however depone that the trial court’s file was availed to them in October, 2019. They however only filed the present application in April, 2021.
3. There is insufficient explanation of the delay to file the appeal or to seek leave and accordingly, I find no merit in the application; it is dismissed with costs.
Court 4. File closed.
RULING DATED AND DELIVERED AT KIAMBU THIS 22ND DAY OF SEPTEMBER, 2022. MARY KASANGOJUDGECoram:Court Assistant : MouriceFor 1st & 2nd Appellant/applicant : - Mr. Wambu H/B Mrs. WainainaFor 1st Respondent:- (deceased before Action)For 2nd Respondent: - Miss Njoroge H/B Mbiyu KamauRULING delivered virtually.MARY KASANGOJUDGE