[2005] KEHC 2546 (KLR)
The court found that the delay of seven days in filing the application for extension of time was not inordinate and was satisfactorily explained by the applicant's need to obtain proceedings. The explanation provided was deemed reasonable, and the court exercised its discretion to allow the application for...
Source-derived case information.
- Citation
- [2005] KEHC 2546 (KLR)
- Parties
- Applicant: Republic; Respondent: Richard Gordon Ndubi
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- ? 4 of 2005
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Enlargement of Time to File Appeal
- Outcome
- application allowed
- Legal Topics
- Extension of Time, Appeal Filing Deadlines, Judicial Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Richard Gordon Ndubi
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Enlargement of Time to File Appeal
Legal Issues
- 1 Whether the applicant has provided sufficient reason for the delay in filing the appeal.
- 2 Whether the court should exercise its discretion to enlarge time for filing the appeal.
Ratio Decidendi
The court found that the delay of seven days in filing the application for extension of time was not inordinate and was satisfactorily explained by the applicant's need to obtain proceedings. The explanation provided was deemed reasonable, and the court exercised its discretion to allow the application for enlargement of time, permitting the appeal to be filed within fourteen days from the date of the ruling.
Court Disposition
application allowed
Orders
- The application for enlargement of time is allowed.
- The appeal shall be filed within 14 days from the date of this ruling.
Full Case Text
Judgment text and source record
9 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYAAT KISIICIVIL MISC. APPL. NO.4 OF 2005
REPUBLIC ……………………………………………………………… APPLICANTVERSUSRICHARD GORDON NDUBI ……………………………………….. RESPONDENTRULING The state (applicant) seeks for enlargement of time to file appeal. Judgment was delivered on 18th January 2005 and 14 days elapsed on 31st January 2005.
Appeal had not been filed by then. It was submitted that they applied for proceedings and that is why they were late. This application was filed on 7th February 2005 7 days after time elapsed.
Application was opposed by Mr. Mongare for Respondent who stated that the delay in filing the appeal was not explained. He further said the intended appeal has no chances of success.
I have considered the application and reply. I find it is reasonable.
It was filed 7 days after time elapsed. There was no inordinate delay. Counsel explained that they were waiting for proceedings and that is why they did not file the appeal in time.
I am satisfied with the explanation. Application is allowed. Appeal be filed within 14 days from today’s date.
Dated this 19th day of April 2005 KABURU BAUNI JUDGE