[2010] KEHC 2786 (KLR)
The court found that the delay in filing the application for leave to appeal was not inordinate, considering the applicant's prompt request for proceedings and the short period between receipt of proceedings and filing the application. The court also noted that the respondent failed to demonstrate any prejudice that...
Source-derived case information.
- Citation
- [2010] KEHC 2786 (KLR)
- Parties
- Applicant: Peter George Waithaka; Respondent: Fredrick Gateri Machanga
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- ? 74 of 2009
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Extension of Time
- Outcome
- application allowed
- Legal Topics
- Extension of Time, Appeal Filing Deadlines, Delay in Filing, Leave to Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter George Waithaka
Applicant
Fredrick Gateri Machanga
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the delay in filing the application for leave to appeal was inordinate and if extension of time should be granted.
- 2 Whether the respondent would be prejudiced by the grant of extension of time.
Ratio Decidendi
The court found that the delay in filing the application for leave to appeal was not inordinate, considering the applicant's prompt request for proceedings and the short period between receipt of proceedings and filing the application. The court also noted that the respondent failed to demonstrate any prejudice that would result from the grant of extension. Consequently, the court exercised its discretion to allow the application and granted the applicant leave to file the appeal within 14 days.
Court Disposition
application allowed
Orders
- Leave to appeal out of time is granted.
- The appeal shall be filed within 14 days from the date of the ruling.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT EMBU
Miscellaneous 74 of 2009
PETER GEORGE WAITHAKA………………………………………….APPLICANT
VERSUS
FREDRICK GATERI MACHANGA…………………………………RESPONDENT
R U L I N G
I have heard the application for extension of time dated 28/7/2009. I have considered the grounds thereon and the supporting affidavit dated 28/7/2009 and all the annexures thereto along with the grounds of opposition dated 15/1/2010. Both counsel expounded on the documents in support of their stand. It is conceded that the applicant applied for the court proceedings on 17/3/2009 only 6 days after delivery of the Judgment in question.“PG W7” shows that the proceedings were supplied on 16/7/2009.
This application was filed on 28/7/2009. The delay in filing the application was only about 11 or 12 days.The delay cannot in my view be said to be inordinate given the fact that counsel still needed time to prepare the draft memo of Appeal and the other annexures.I have perused the Memorandum of Appeal.The intended appeal is not frivolous.The respondent has not demonstrated that he will be prejudiced in any way if the application is allowed.
I therefore allow the application and grant the leave sought with no order as to costs.The appeal be filed within 14 days from the date hereof.
W. KARANJA
JUDGE
Delivered, dated and signed at Embu this 11th day of May 2010.
In presence of:- Mr. Magee for Applicant. Mr. Kariithi for Kahiga for Respondent.