[2020] KEHC 3089 (KLR)
The court found that the applicant satisfactorily explained the delay in filing the appeal, attributing it to the late supply of proceedings and judgment. The absence of opposition from the respondents further supported the applicant's position. The court exercised its discretion to allow the application, granting...
Source-derived case information.
- Citation
- [2020] KEHC 3089 (KLR)
- Parties
- Applicant: Richard Oduor Abura; Respondent: Mareen Okoth; Respondent: International Centre for AIDS Care & Tratment Programme
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 4 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application allowed
- Judges
- RE Aburili
- Legal Topics
- Leave to Appeal Out of Time, Extension of Time, Service of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Richard Oduor Abura
Applicant
Mareen Okoth
Respondent
International Centre for AIDS Care & Tratment Programme
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant has provided sufficient cause for the delay in filing the appeal out of time.
- 2 Whether leave to appeal out of time should be granted.
Ratio Decidendi
The court found that the applicant satisfactorily explained the delay in filing the appeal, attributing it to the late supply of proceedings and judgment. The absence of opposition from the respondents further supported the applicant's position. The court exercised its discretion to allow the application, granting leave to file and serve a memorandum of appeal within ten days, with no order as to costs.
Court Disposition
application allowed
Orders
- The applicant is granted leave to file and serve a Memorandum of Appeal upon the Respondent’s Counsel within ten (10) days from the date of the ruling, annexing a copy of this ruling and order.
- No order as to costs.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
MISCELLEANOUS CIVIL APPLICATION NO. 4 OF 2020
RICHARD ODUOR ABURA.........................................................................................................APPLICANT
VERSUS
MAREEN OKOTH...............................................................................................................1ST RESPONDENT
INTERNATIONAL CENTRE FOR AIDS CARE & TRATMENT PROGRAMME....2ND RESPONDENT
RULING
1. I have considered the application dated 9. 3.2020 for leave to appeal out of time and the grounds and supporting affidavit sworn by Calistus Nyegenye Advocate for the applicant.
2. The said application is not opposed despite service of the same upon the Respondent’s Counsel as per the affidavits of service on record.
3. I observe that albeit there is delay, the delay is explained to the satisfaction of this Court as the applicant applied for copies of proceedings and judgment which were supplied nearly six months after the judgment sought to be impugned was delivered.
4. For the above reasons, I find the application merited. The same is hereby allowed.
5. The applicant is granted leave of Court to file and serve a Memorandum of Appeal upon the Respondent’s Counsel within ten (10) days from the date hereof annexing copy of this ruling and Order. I make no orders as to costs.
6. This file is closed.
4. Orders accordingly.
Dated, Signed and Delivered at Siaya this 21st day of September, 2020
R.E. ABURILI
JUDGE