[2018] KEHC 4992 (KLR)

[2018] KEHC 4992 (KLR)

The court found that the applicant acted without unreasonable delay in seeking extension of time to appeal, as evidenced by the timeline of requesting and obtaining proceedings and the certified order. The application for leave was lodged promptly after the necessary documents were supplied. The court held that it was not required at this stage to assess the probability of success of the intended appeal, but only to determine whether the delay was reasonable and whether the applicant would suffer substantial loss. On these grounds, the court was satisfied that the applicant met the threshold for grant of extension of time and allowed the application.

Citation
[2018] KEHC 4992 (KLR)
Parties
Applicant: S M; Respondent: H G E
Court
High Court
Court Station
High Court at Kakamega
Jurisdiction
Kenya
Judgment Date
8 August 2018
Case Number
Miscellaneous Application 86 of 2018
Procedural Posture
Miscellaneous Application / Ruling on Application for Extension of Time to Appeal
Outcome
application allowed
Judges
DN Musyoka
Legal Topics
Extension of Time, Appeals From Kadhi Court, Marriage Dissolution, Procedural Timelines
Source Language
English
Civil Procedure Family and Children Extension of Time Appeals From Kadhi Court Marriage Dissolution Procedural Timelines

Case Brief

Summary, issues, holding and outcome

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Parties

S M

Applicant

H G E

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Extension of Time to Appeal

Legal Issues

  1. 1 Whether the applicant is entitled to extension of time to file and serve notice and record of appeal out of time.
  2. 2 Whether the notice and record of appeal lodged out of time should be deemed as duly filed.

Ratio Decidendi

The court found that the applicant acted without unreasonable delay in seeking extension of time to appeal, as evidenced by the timeline of requesting and obtaining proceedings and the certified order. The application for leave was lodged promptly after the necessary documents were supplied. The court held that it was not required at this stage to assess the probability of success of the intended appeal, but only to determine whether the delay was reasonable and whether the applicant would suffer substantial loss. On these grounds, the court was satisfied that the applicant met the threshold for grant of extension of time and allowed the application.

Court Disposition

application allowed

Orders

  • Leave to file appeal is granted for twenty-eight (28) days.
  • Notice and record of appeal lodged out of time are deemed as duly filed.