[2006] KEHC 409 (KLR)
The court found that although the delay of 3 ½ months was longer than desirable, it was not wholly inexcusable given that the applicants had promptly informed their insurer, who was responsible for the delay. The court noted that there was no evidence of acquiescence to the judgment and that the applicants' insurer...
Source-derived case information.
- Citation
- [2006] KEHC 409 (KLR)
- Parties
- Applicant: Peter Koskei; Applicant: Jacob Koech; Respondent: Lena Wafubwa
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- ? 619 of 2006
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Extension of Time
- Outcome
- application allowed
- Judges
- AI Tullu
- Legal Topics
- Extension of Time, Appeal Filing Deadlines, Judicial Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Koskei
Applicant
Jacob Koech
Applicant
Lena Wafubwa
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the applicants have provided sufficient cause for the delay in filing the appeal.
- 2 Whether the court should exercise its discretion to extend time for filing the appeal.
Ratio Decidendi
The court found that although the delay of 3 ½ months was longer than desirable, it was not wholly inexcusable given that the applicants had promptly informed their insurer, who was responsible for the delay. The court noted that there was no evidence of acquiescence to the judgment and that the applicants' insurer was willing to settle the decretal sum, which was beneficial to both parties. Considering the absence of any execution proceedings and exercising its discretion, the court granted the extension of time sought by the applicants, allowing them to file their appeal within 14 days.
Court Disposition
application allowed
Orders
- Prayer 2 of the application is granted; applicants to file their appeal within 14 days.
- Applicants to pay the costs of this application to the respondent.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT ELDORET
Misc Appli 619 of 2006
PETER KOSKEI
JACOB KOECH:........................................................APPLICANTS
VERSUS
LENA WAFUBWA:..................................................RESPONDENT
RULING
This is an application for extension of time. I have considered the application and the submissions by counsel for the Applicant. I have also considered the Replying affidavit and the submissions by counsel for the Respondent.
The Applicants have explained the reasons for the delay in filing the Appeal. They had informed their insurer of the judgment in good time. The insurer took time since the judgment had to be passed through various departments before instructions were given. I think that their insurers took rather a longer time than they should have. This has caused a delay of 3 ½ months.
I do not think that this delay is wholly inexcusable in the circumstances. The Applicant took steps and informed their insurers. At the very least, the applicants are lucky to have insurers who are willing and ready to stand by them. This is a good sign even for the Respondent since it appears that the Applicants are backed by an insurer which can settle the decretal sum.
I have perused the letter dated 12th July,2006 from the Applicant’s advocates to the insurer. This was written well after the period for filing of appeal had expired. The contents also do not suggest any acquiescence to the judgment.
In exercise of this court’s discretion and considering that there are no allegations that execution of the decree has commenced, I do hereby grant prayer 2 of the Application. The Appellants/Applicants shall file their Appeal within the next 14 days. The applicants shall pay the costs of this application to the Respondent.
DATED AND DELIVERED AT ELDORET ON THIS 28TH DAY OF NOVEMBER,2006
M.K. IBRAHIM
JUDGE