[2008] KEHC 3776 (KLR)
The court found that the applicant had provided a satisfactory explanation for the delay in filing contempt proceedings, namely the closure of offices during the Christmas vacation and the illness of the Managing Director of the interested party, which prevented timely instructions. The court was satisfied that the...
Source-derived case information.
- Citation
- [2008] KEHC 3776 (KLR)
- Parties
- Applicant: Republic; Respondent: The Permanent Secretary, Ministry of Works; Respondent: The Permanent Secretary, Ministry of Roads; Interested Party: Roy Properties Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Children Miscellaneous Application 41 of 2008
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Extend Time for Filing Contempt Proceedings
- Outcome
- application granted
- Judges
- JL Osiemo
- Legal Topics
- Extension of Time, Contempt Proceedings, Court Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
The Permanent Secretary, Ministry of Works
Respondent
The Permanent Secretary, Ministry of Roads
Respondent
Roy Properties Limited
Interested Party
Procedural Posture
Miscellaneous Application / Ruling on Application to Extend Time for Filing Contempt Proceedings
Legal Issues
- 1 Whether the court should extend time for filing contempt proceedings against the respondents.
- 2 Whether the delay in filing was excusable under the circumstances.
Ratio Decidendi
The court found that the applicant had provided a satisfactory explanation for the delay in filing contempt proceedings, namely the closure of offices during the Christmas vacation and the illness of the Managing Director of the interested party, which prevented timely instructions. The court was satisfied that the delay was not intentional and that no party would be prejudiced by the extension. Accordingly, the court exercised its discretion to grant the application for extension of time as prayed in prayers 2 and 3 of the Notice of Motion dated 17th February 2009.
Court Disposition
application granted
Orders
- Time to file contempt proceedings against the respondents is extended as prayed in prayers 2 and 3 of the Notice of Motion dated 17th February 2009.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Miscellaneous Application 41 of 2008
REPUBLIC………....…….....…........……………APPLICANT
VERSUS
THE PERMANENT SECRETARY)
MINISTRY OF WORKS )
THE PERMANENT SECRETARY)
MINISTRY OF ROADS ) ..............…….RESPONDENTS
AND
ROY PROPERTIES LIMITED..……INTERESTED PARTY
R U L I N G
Before me is an application by way of Notice of Motion dated 17th February 2009 and expressed to be brought under Section 3A and 95 of the Civil Procedure Act and Order XLIX Rule 5 and Order L Rules 1 and 2 of the Civil Procedure Rules in which the Applicant seeks orders that the time to file contempt proceedings against the Contemnor/Respondents be extended. In support of the application OGOTI NYANGENA Counsel acting for the Applicant has sworn an affidavit in which he avers that this Honourable Court on 18th December 2008 was pleased to grant the Applicant leave to bring contempt proceedings against the Respondents; that two days later they closed their offices and proceeded for Christmas Vacation till 12th January 2009; that on or about the 15th January 2009 he called the offices of the interested party with a view of having further instructions to bring contempt proceedings; that on talking to the Secretary of the Managing Director one Ms Kari he was liably informed that Mr. Mukhatar Omar the Managing Director of the interested party had been sick for sometime and had been advised to take a rest and that when the Managing Director had recovered sufficiently and gave instructions the time to file the contempt proceedings had expired.
Mr Nyangena submitted that the delay to bring the contempt proceedings was not intentional nor was it meant to delay quick disposal of the matter. He further submitted that the orders sought if granted will not prejudice any party involved and urged the court to grant the orders as prayed.
I have considered the application as well as the submissions by Counsel and I am satisfied that this is a suitable case to exercise my direction in favour of the Applicant.
Accordingly I grant the Application in terms of prayers 2 and 3 of the Notice of Motion dated 17th February 2009.
Dated and delivered at Nairobi this 11th day of June 2009.
J. L. A. OSIEMO
JUDGE