[2025] KEHC 2891 (KLR)
The court found that the applicant failed to provide any evidence of efforts to obtain the judgment or proceedings after the delivery of the judgment on 22nd November 2024. No letter to the trial court requesting proceedings was annexed, and the supporting affidavit did not address these deficiencies. The statutory...
Source-derived case information.
- Citation
- [2025] KEHC 2891 (KLR)
- Parties
- Applicant: Eliud Oduor Ooko; Respondent: Home Point Household Solutions Ltd; Respondent: Julius Kamande
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous Application E053 of 2025
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application dismissed with costs
- Judges
- NW Sifuna
- Legal Topics
- Extension of Time, Leave to Appeal, Judicial Discretion, Delay in Filing, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Eliud Oduor Ooko
Applicant
Home Point Household Solutions Ltd
Respondent
Julius Kamande
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant has provided sufficient and reasonable grounds to warrant leave to file an appeal out of time.
- 2 Whether the delay in filing the application for leave was inordinate and satisfactorily explained.
Ratio Decidendi
The court found that the applicant failed to provide any evidence of efforts to obtain the judgment or proceedings after the delivery of the judgment on 22nd November 2024. No letter to the trial court requesting proceedings was annexed, and the supporting affidavit did not address these deficiencies. The statutory period for filing an appeal lapsed on 22nd December 2024, yet the application for leave was filed after 20th January 2025, resulting in a delay of over 60 days. The court held that the delay was both long and unsatisfactorily explained, amounting to inordinate delay. The court concluded that the delay was due to neglect or indolence on the part of the applicant, which does not...
Court Disposition
application dismissed with costs
Orders
- The application for leave to file an appeal out of time is dismissed.
- The applicant shall pay the costs of the application to the respondents.
Full Case Text
Judgment text and source record
23 paragraphs
Ooko v Home Point Household Solutions Ltd & another (Civil Miscellaneous Application E053 of 2025) [2025] KEHC 2891 (KLR) (Civ) (5 March 2025) (Ruling)
Neutral citation: [2025] KEHC 2891 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Civil
Civil Miscellaneous Application E053 of 2025
NW Sifuna, J
March 5, 2025
Between
Eliud Oduor Ooko
Applicant
and
Home Point Household Solutions Ltd
1st Respondent
Julius Kamande
2nd Respondent
Ruling
1. By his Notice of Motion dated 24th January 2025, the Applicant has sought leave to file an Appeal out of time; against the judgment delivered on 22nd November 2024 by Hon S.G Gitonga in Milimani CMCC No. E5858 of 2022.
2. The grounds and reasons cited by the Applicant for seeking leave to Appeal out of time are unsatisfactory. There is no evidence that the Applicant, from 22nd November 2024, made any efforts to obtain a copy of the judgment. That evidence, the Supporting Affidavit has not provided. No letter to trial court asking for proceedings, has been annexed.
3. I further note that the thirty (30) days for filing the grounds lapsed on 22nd December 2024, yet this Application was filed after 20th January 2025. Which was a delay of more than two months (more than 60 days). That delay was not only long, but also unsatisfactorily explained, hence inordinate.
4. I find that the delay was either out of sheer neglect or indolence; and which cannot be reasonable grounds for the exercise of the judicial discretion to enlarge or extend time or the leave sought.
5. The Application therefore lacks merit and is hereby dismissed with costs.
DATED AND DELIVERED AT NAIROBI ON THIS 5TH DAY OF MARCH 2025. PROF (DR) NIXON SIFUNAJUDGE