[2014] KECA 156 (KLR)
The court found that the applicant had demonstrated, through affidavits and supporting documents, that she lacked sufficient means to pay the requisite court fees for filing an appeal. The registrar's inquiry, conducted inter partes, confirmed her pauper status. The respondent, having been duly served and...
Source-derived case information.
- Citation
- [2014] KECA 156 (KLR)
- Parties
- Applicant: Rose Wangui Karuga; Respondent: Kenya Railways Corporation
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 263 of 2014
- Procedural Posture
- Civil Application / Application for Leave to Appeal as a Pauper
- Outcome
- Application allowed. Leave granted to file appeal as a pauper.
- Judges
- RN Nambuye
- Legal Topics
- Pauper Appeals, Leave to Appeal, Costs Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rose Wangui Karuga
Applicant
Kenya Railways Corporation
Respondent
Procedural Posture
Civil Application / Application for Leave to Appeal as a Pauper
Legal Issues
- 1 Whether the applicant qualifies to be granted leave to file an appeal as a pauper.
- 2 Whether the costs of the application should abide the outcome of the intended appeal.
Ratio Decidendi
The court found that the applicant had demonstrated, through affidavits and supporting documents, that she lacked sufficient means to pay the requisite court fees for filing an appeal. The registrar's inquiry, conducted inter partes, confirmed her pauper status. The respondent, having been duly served and represented, did not oppose the application and left the matter to the court. The court was satisfied that the applicant met the threshold for being granted leave to appeal as a pauper and accordingly exercised its discretion to grant the orders sought. The court further directed that the costs of the application would abide the outcome of the intended appeal.
Court Disposition
Application allowed. Leave granted to file appeal as a pauper.
Orders
- The applicant has leave of court to file her appeal as a pauper.
- The intended appeal to be filed in accordance with the Rules of this court.
Full Case Text
Judgment text and source record
26 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: R. N. NAMBUYE, J.A. (In Chambers))
CIVIL APPLICATION NO. NAI 263 OF 2014 (UR 200/2014)
BETWEEN
ROSE WANGUI KARUGA ........................................... APPLICANT
AND
KENYA RAILWAYS CORPORATION .................................... RESPONDENT
(An application for leave to file appeal as a pauper in the matter of an intended appeal from the Ruling and/or Order of the High Court of Kenya at Nairobi ( Waweru, J.) delivered 18thOctober, 2013
in
H.C.C.C. NO. 214 OF 1993)
**************
RULING
Before me is an application by way of a notice of motion dated the 9th day of October 2014 and lodged in this court on the same date of the 9th day of October 2014. It is predicated upon Section 1A, B and 3Aof the Civil Procedure Act Cap 21 Laws of Kenya, Order 44 Rule 1 and Order 51 of the Civil Procedure Rules 2010, the inherent jurisdiction of the Court and all other enabling provisions of the law.
In court, the applicant Rose Wangui Karuga seeks leave of Court to file her memorandum of appeal as a pauper in the matter of an intended appeal against the ruling/order of Honourable H.P.G. Waweru issued on 18th October 2013 in HCCC No.214 of 1993. She also requests that the costs of the application do abide the outcome of the intended appeal or be dealt as Justice of the case would seem to require. The application is grounded on the grounds in the body of the application, the content of the supporting affidavit and a further affidavit deposed by her and filed on 3. 11. 2014. She appeared in court on 16th December 2014 and argued the application in person but before making her representation the parties were referred to the registrar of the Court of Appeal to carry out an inquiry in accordance with the Rules. The Registrar filed a status report on the application. The finding is that the applicant is a pauper. Since the inquiry before the Registrar was interpartes Mr. Edwin Odundo holding brief for Chacha Odera left the matter to Court.
3. I have perused all the supporting documents relied upon by the applicant in the light of the content of the status report on the applicant filed herein. I find the applicant has made a genuine request. I find learned counsel for the respondent who had been duly served with the pleadings rightly left the matter to Court. In the result, I find that the applicant has met the threshold for me to grant her the relief sought. I therefore make the following orders in respect thereto-
The applicant has leave of court to file her appeal as a pauper
The intended appeal to be filed in accordance with the Rules of this court
Costs of this application to abide the outcome of the intended appeal.
Dated and delivered at Nairobi this 19thday of December 2014.
R. N. NAMBUYE
............................................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR
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