[1998] KECA 212 (KLR)
The application for extension of time was dismissed because the applicant failed to provide a sufficient explanation for the inordinate delay of nearly eight months in filing the notice and record of appeal. Furthermore, the intended appeal was deemed futile as the elder's award had been confirmed as a judgment of...
Source-derived case information.
- Citation
- [1998] KECA 212 (KLR)
- Parties
- Applicant: Patrick Makokha; Respondent: Leonard Nasirumbi
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Application 333 of 1995
- Procedural Posture
- Civil Application / Ruling on Application for Extension of Time
- Outcome
- application dismissed
- Legal Topics
- Extension of Time, Appeals Process, Court Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Makokha
Applicant
Leonard Nasirumbi
Respondent
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the applicant has provided sufficient explanation for the delay in filing the notice and record of appeal.
- 2 Whether the court should exercise its discretion to extend time for lodging and serving the notice and record of appeal.
Ratio Decidendi
The application for extension of time was dismissed because the applicant failed to provide a sufficient explanation for the inordinate delay of nearly eight months in filing the notice and record of appeal. Furthermore, the intended appeal was deemed futile as the elder's award had been confirmed as a judgment of the court without objection, rendering the appeal a non-starter. The court declined to exercise its discretion under rule 4 of the Court of Appeal Rules in favour of the applicant.
Court Disposition
application dismissed
Orders
- The application for extension of time is dismissed.
- No order as to costs.
Full Case Text
Judgment text and source record
7 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL AT KISUMU
CIVIL APPL NO.NAI.333 OF 95
PATRICK MAKOKHA.........................................APPLICANTAND
LEONARD NASIRUMBI.......................................APPLICANTRULING
In this application, the applicant Patrick Makokha, seeks extension of time to lodge and serve the notice and record of appeal. The applicant's original Civil Appeal No.39 of 1994 was on 21st March, 1995 struck-out by this court for the reason that the record of appeal did not contain a certified copy of the decree or order appealed from. The applicant filed this application on 6th November, 1995. He has not given me a sufficient explanation for the inordinate lapse of time of well nigh eight months. Moreover, what the applicant is seeking to achieve in the intended appeal may be elusive. The elder's award was read to the parties on 18th December, 1992. No objection to it was filed and the same was confirmed and made judgment of the court on 17th February, 1993. The resultant appeal to this court is in the circumstances a non starter. In the circumstances I am disinclined to exercise my discretion under rule 4 of the Rules of this court in favour of the applicant. I must therefore dismiss the application. I do so. I make no order as to costs. Delivered at Kisumu this 23rd day of March, 1998.
P.K. TUNOI-------------------JUDGE OF APPEAL