[2019] KEHC 8093 (KLR)

[2019] KEHC 8093 (KLR)

The court found that the applicant had provided a satisfactory explanation for the delay in filing the appeal, as she was out of the country when the ruling was delivered and returned shortly before filing the application. The court held that the delay was not inordinate under the circumstances. The question of whether the intended appeal raises triable issues was deemed premature at this stage, as it requires a full appreciation of the evidence, which is not possible at the leave stage. Consequently, the court exercised its discretion to allow the application and granted the applicant 30 days to file the appeal.

Citation
[2019] KEHC 8093 (KLR)
Parties
Applicant: PO; Respondent: EAO
Court
High Court
Court Station
High Court at Busia
Jurisdiction
Kenya
Judgment Date
29 April 2019
Case Number
Miscellaneous Civil Application 70 of 2017
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Outcome
application allowed
Legal Topics
Extension of Time, Leave to Appeal, Procedural Delay
Source Language
English
Civil Procedure Extension of Time Leave to Appeal Procedural Delay

Case Brief

Summary, issues, holding and outcome

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Parties

PO

Applicant

EAO

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time

Legal Issues

  1. 1 Whether the applicant should be granted leave to file an appeal out of time.
  2. 2 Whether the delay in filing the appeal was inordinate or excusable.

Ratio Decidendi

The court found that the applicant had provided a satisfactory explanation for the delay in filing the appeal, as she was out of the country when the ruling was delivered and returned shortly before filing the application. The court held that the delay was not inordinate under the circumstances. The question of whether the intended appeal raises triable issues was deemed premature at this stage, as it requires a full appreciation of the evidence, which is not possible at the leave stage. Consequently, the court exercised its discretion to allow the application and granted the applicant 30 days to file the appeal.

Court Disposition

application allowed

Orders

  • Leave is granted to the applicant to file an appeal out of time for the decision of the Resident Magistrate in Divorce Cause No. 3 of 2017.
  • The applicant is given 30 days from the date of this ruling to file the appeal.