[2014] KEHC 2936 (KLR)
The court found that the applicant had provided a sound and sufficient explanation for the two-day delay in filing the appeal, namely the failure to receive the typed certified proceedings and judgment despite prompt application. The court considered the delay minimal and not inordinate, and noted the applicant's...
Source-derived case information.
- Citation
- [2014] KEHC 2936 (KLR)
- Parties
- Applicant: Pan African Papermills (East Africa) Ltd. (Receivership); Respondent: Pressmaster Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 461 of 2013
- Procedural Posture
- Civil Appeal / Ruling on Application for Enlargement of Time
- Outcome
- application granted
- Judges
- DA Onyancha
- Legal Topics
- Extension of Time, Appeal Filing Deadlines, Delay Explanation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pan African Papermills (East Africa) Ltd. (Receivership)
Applicant
Pressmaster Limited
Respondent
Procedural Posture
Civil Appeal / Ruling on Application for Enlargement of Time
Legal Issues
- 1 Whether the applicant has provided sufficient cause for the enlargement of time to file an appeal.
- 2 Whether a delay of two days in filing the appeal is excusable under the circumstances.
Ratio Decidendi
The court found that the applicant had provided a sound and sufficient explanation for the two-day delay in filing the appeal, namely the failure to receive the typed certified proceedings and judgment despite prompt application. The court considered the delay minimal and not inordinate, and noted the applicant's diligence in pursuing the necessary leave. The opposing grounds were found to lack substance. Accordingly, the court exercised its discretion to grant the enlargement of time, declared the memorandum of appeal as timeous, and allowed the applicant to proceed with the appeal process.
Court Disposition
application granted
Orders
- Time for filing the appeal is enlarged.
- The filed memorandum of appeal is declared timeous and the appeal number is confirmed.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL APPEAL NUMBER 461 OF 2013
PAN AFRICAN PAPERMILLS (EAST AFRICA) LTD.
(RECEIVERSHIP) ………………….……........... APPLICANT/APPELLANT
VERSUS
PRESSMASTER LIMITED. …………………………………RESPONDENT
R U L I N G
This is an application by the Appellant seeking enlargement of time to file an appeal and is dated the 28th August, 2013.
The facts on record show that the applicant filed the appeal two days outside the prescribed time. It explains the cause of delay as failure to receive typed certified copy of proceedings and judgment applied for immediately the judgment was delivered. The applicant also explains how it had to apply for the original handwritten proceedings due to the failure to receive the typed ones from court. The application is opposed.
I have carefully considered the grounds upon which the application is based. I am satisfied that the grounds are sound and sufficient for the granting of this application. The delay was minimal (2 days) and is not inordinate. The application shows diligency in the persuit of the leave to enlarge time to appeal. The opposing grounds on the other hand, show little substance.
In the result, the application to enlarge time is hereby granted. The filed memorandum of appeal is hereby declared as timeous and the appeal number is hereby confirmed. The applicant is hereby allowed to proceed to file and serve a Record of Appeal and fix the appeal for directions without further delay. Orders accordingly, with costs in the cause.
Dated and delivered at Nairobi this 16th day of September, 2014
…………………
D A ONYANCHA
JUDGE