[1998] KECA 150 (KLR)
The court exercised its discretion to grant the extension of time because the delay was not inordinate and had been satisfactorily explained by the applicant. The absence of opposition from the respondent, despite proper service, further supported the court's decision. The court considered the importance of the...
Source-derived case information.
- Citation
- [1998] KECA 150 (KLR)
- Parties
- Applicant: Peter Ndungu Njenga; Respondent: Sophia Watiri Ndungu
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 283 of 1997
- Procedural Posture
- Civil Application / Application for Extension of Time to File Memorandum of Appeal
- Outcome
- Application allowed.
- Legal Topics
- Extension of Time, Appeals Process, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Ndungu Njenga
Applicant
Sophia Watiri Ndungu
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to File Memorandum of Appeal
Legal Issues
- 1 Whether the applicant has provided sufficient cause for the extension of time to file a memorandum of appeal out of time.
- 2 Whether the delay in filing the appeal was inordinate or satisfactorily explained.
Ratio Decidendi
The court exercised its discretion to grant the extension of time because the delay was not inordinate and had been satisfactorily explained by the applicant. The absence of opposition from the respondent, despite proper service, further supported the court's decision. The court considered the importance of the subject matter, which involved land, and determined that the applicant should be allowed to pursue the appeal to its conclusion.
Court Disposition
Application allowed.
Orders
- Time to lodge the record of appeal is extended by 21 days from the date hereof.
- Costs of this application shall be in the intended appeal.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
CORAM: TUNOI, J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. NAI. 283 OF 1997
BETWEEN
PETER NDUNGU NJENGA ..................................APPLICANT
AND
SOPHIA WATIRI NDUNGU ................................RESPONDENT
(Application for extension of time to file Memorandum of Appeal out of time in an intended Appeal from a Ruling and Order of the High Court of Kenya at Nairobi (Mr. Justice Hayanga) dated 19th November, 1996
in
H.C.C.C. NO. 4936 OF 1993)
********************
RULING
This application is not opposed due to the absence of the respondent's counsel, who though duly served, has not appeared before me during the prosecution of the application by the applicant's counsel. I think, in all circumstances, this is a fit and proper case for me to exercise my discretion in favour of the applicant. The delay involved is not inordinate and has been satisfactorily explained. The subject matter involved is land and the applicant should be permitted to pursue his appeal to the ultimate. I allow the application.
Time to lodge the record of appeal is extended by 21 days hereof. Costs of this application shall be in the intended appeal.
Made at Nairobi this 14th day of January, 1998.
P. K. TUNOI
...............
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR