[2001] KECA 349 (KLR)
The Court of Appeal held that the applicant failed to demonstrate any error in the exercise of discretion by the single judge. The judge considered all relevant factors, including the age of the litigation and the principle that litigation must come to an end. No irrelevant matters were considered, no relevant...
Source-derived case information.
- Citation
- [2001] KECA 349 (KLR)
- Parties
- Applicant: Peter Mburu Echaria; Respondent: Priscilla Njeri Echaria
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 204 of 1998
- Procedural Posture
- Civil Application / Reference to Full Court From Single Judge's Decision on Extension of Time
- Outcome
- Reference dismissed.
- Legal Topics
- Extension of Time, Appellate Discretion, Reference From Single Judge, Exercise of Judicial Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Mburu Echaria
Applicant
Priscilla Njeri Echaria
Respondent
Procedural Posture
Civil Application / Reference to Full Court From Single Judge's Decision on Extension of Time
Legal Issues
- 1 Whether the full court can interfere with the exercise of discretion by a single judge in granting extension of time.
- 2 Whether the single judge took into account irrelevant matters, failed to consider relevant factors, misapprehended the law, or made a plainly wrong decision.
Ratio Decidendi
The Court of Appeal held that the applicant failed to demonstrate any error in the exercise of discretion by the single judge. The judge considered all relevant factors, including the age of the litigation and the principle that litigation must come to an end. No irrelevant matters were considered, no relevant factors were omitted, and there was no misapprehension of the law. The applicant's complaint was merely that the judge, having correctly directed himself, should have reached a different conclusion. The court reiterated that it cannot interfere with the exercise of discretion by a single judge unless there is a clear error as outlined in established principles. As no such error was...
Court Disposition
Reference dismissed.
Orders
- The reference is dismissed.
- Costs shall be in the appeal.
Full Case Text
Judgment text and source record
23 paragraphs
IN THE COURT OF APPEAL AT NAIROBI CORAM: OMOLO, BOSIRE & O'KUBASU, JJ.A. CIVIL APPLICATION NO. NAI 204 OF 1998
BETWEEN
PETER MBURU ECHARIA ..................................... APPLICANT
AND
PRISCILLA NJERI ECHARIA ............................ RESPONDENT
(An application for extension of time in an intended appeal from a judgment and decree of the High Court of Kenya at Nairobi (Shields J) dated 27th October, 1993
in
H.C.C.S. NO. 4684 OF 1987 (O.S.)) ***********************
RULING OF THE COURT
We are asked to reverse the decision of a single member of this Court which decision extended time for the applicant to file his notice of appeal and a record of appeal out of time. We have said on numerous occasions that the discretion conferred on a single judge under Rule 4 is exercised on behalf of the court and on a reference from his decision, the full court cannot interfere with that exercise unless it be shown:
(1) that in the exercise of the discretion the single judge took into account irrelevant matters;
(2) that he did not take into account a relevant factor;
(3) that he misapprehended the law applicable to the situation; or (4)that the decision is plainly wrong.
The learned single Judge took into account the age of the litigation and was clearly aware of the requirement that litigation ought to come to an end. Mr Nderitu agrees the Judge took into account relevant factors and no error of principle is alleged before us. It appears to us that what Mr Nderitu is complaining about is that having correctly directed himself on all these issues, yet the Judge should have refused to extend time. We do not think that is a matter on which we can interfere. There is no merit in this reference and we order it dismissed. The costs shall be in the appeal.
Dated and delivered at Nairobi this 18th day of October, 2001.
R. S. C. OMOLO ---------------------
JUDGE OF APPEAL
S. E. O. BOSIRE
-------------------- JUDGE OF APPEAL
E. O. O'KUBASU ---------------------
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR