[2018] KEHC 8119 (KLR)
The court found that although the delay of one year in filing the appeal was long, the applicant had adduced sufficient reasons for the delay, including lack of communication with her advocate and illness. The court held that justice demands that litigants who provide sufficient cause for delay should not be barred...
Source-derived case information.
- Citation
- [2018] KEHC 8119 (KLR)
- Parties
- Applicant: Risper Naliaka Simiyu; Respondent: Kenya Power & Lighting Co. Limited
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 26 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Enlargement of Time to Appeal
- Outcome
- application allowed
- Judges
- A Ali-Aroni
- Legal Topics
- Extension of Time, Appeal Out of Time, Delay in Filing Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Risper Naliaka Simiyu
Applicant
Kenya Power & Lighting Co. Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Enlargement of Time to Appeal
Legal Issues
- 1 Whether the applicant has provided sufficient reason for the delay in filing an appeal out of time.
- 2 Whether the court should exercise its discretion to enlarge time for filing an appeal.
Ratio Decidendi
The court found that although the delay of one year in filing the appeal was long, the applicant had adduced sufficient reasons for the delay, including lack of communication with her advocate and illness. The court held that justice demands that litigants who provide sufficient cause for delay should not be barred from pursuing their rights. The court further found that allowing the appeal would not prejudice the respondent. Consequently, the application for enlargement of time was allowed, and the applicant was granted seven days to file the appeal.
Court Disposition
application allowed
Orders
- The application for enlargement of time is allowed.
- The appeal shall be filed within the next 7 days.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUNGOMA
MISC. CIVIL APPLICATION NO.26 OF 2017
RISPER NALIAKA SIMIYU…………………….......APPLICANT
VERSUS
KENYA POWER & LIGHTING CO. LIMITED….RESPONDENT
RULING
1. The Applicant Risper Naliaka Simiyu had sued the Respondent Kenya Power & Lighting Company in CMCC No.52 of 2011 (Bungoma).
After hearing of the case, the learned Magistrate dismissed the Case with costs.
2. The judgement was delivered on 7th June, 2016. The appellant is now desirous of filing an appeal more than 1 year after delivery of the said judgement.
3. The application before me seeks for enlargement of time on grounds that the applicant who is of advanced age was not aware that judgement had been delivered due to miscommunication and/or lack of communication between her and her lawyer than on record, and also due to an illness that kept her away from her usual residence for a long period of time.
4. Justice demands that when sufficient reason is given by a litigant why there has been a delay in undertaking steps necessary in a case, the litigant ought not to be shut out.
5. Though I agree with the respondent that a delay of one year is long, I find that sufficient reasons have been adduced.
6. Allowing the appeal will in no way prejudice the respondent.
7. The application is therefore allowed. Appeal be filed within the next 7 days.
8. Costs to follow the outcome of the appeal.
DATED and DELIVERED at BUNGOMA this 1st day of February, 2018
ALI-ARONI
JUDGE