[2015] KEHC 6800 (KLR)
The court found that the applicant acted promptly in seeking certified copies of the proceedings after judgment was delivered. The delay in obtaining the proceedings was due to the court's administrative process and not the applicant's fault. Upon receipt of the proceedings, the applicant filed the application for...
Source-derived case information.
- Citation
- [2015] KEHC 6800 (KLR)
- Parties
- Applicant: R M M; Respondent: F M G
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 16 of 2013
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application granted
- Judges
- DN Musyoka
- Legal Topics
- Extension of Time, Leave to Appeal, Delay in Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
R M M
Applicant
F M G
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant should be granted leave to file an appeal out of time.
- 2 Whether the delay in filing the appeal was attributable to the applicant.
Ratio Decidendi
The court found that the applicant acted promptly in seeking certified copies of the proceedings after judgment was delivered. The delay in obtaining the proceedings was due to the court's administrative process and not the applicant's fault. Upon receipt of the proceedings, the applicant filed the application for leave to appeal without undue delay. The court was satisfied that the circumstances justified the exercise of its discretion to grant leave to file the appeal out of time, and the memorandum of appeal on record was deemed duly filed.
Court Disposition
application granted
Orders
- Leave to file appeal out of time is granted.
- The memorandum of appeal on record is deemed as duly filed.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MISC. APPLICATION NO: 16 OF 2013
R M M …………………APPLICANT
VERSUS
F M G………………RESPONDENT
RULING
1. The application dated 12th March 2013 seeks leave to file appeal out of time and the memorandum of appeal on record to be deemed as duly filed.
2. The grounds upon the orders are sought are set out on the face of the application and in the affidavit in support sworn by the applicant, R M M, on 12th March 2013.
3. The judgment sought to be appealed against was delivered on 29th September 2012. The applicant applied for certified copies of the proceedings by a letter dated 5th October 2012 which was lodged in court on 12th October 2012. The proceedings were availed to the applicant on 13th February 2013. There is a certificate of delay dated 27th February 2013. The application before me then followed on 12th March 2013.
4. The applicant in my view moved expeditiously following the delivery of the judgment to obtain the proceedings. There was delay in the availing of the same, not attributable to the applicant. The application before me was equally lodged in court with dispatch after copies of the certified proceedings were availed.
5. I am satisfied that the application dated 12th March 2013 is merited. I do hereby grant the same in its entirety.
DATED, SIGNED and DELIVERED at NAIROBI this 30th DAY OF January 2015.
W. MUSYOKA
JUDGE