[2002] KEHC 235 (KLR)
The court found that the previous order imposing a monetary condition for leave to appeal out of time was not justified, especially since the applicant's counsel had not undertaken to pay such a sum and the amount was excessive. The court exercised its discretion to review and set aside the monetary condition,...
Source-derived case information.
- Citation
- [2002] KEHC 235 (KLR)
- Parties
- Applicant: Samuel Mwangi Minyote; Respondent: Monica Wanjiku Kuria
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 750 of 1999
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- Application for review allowed; unconditional leave to file appeal out of time granted; applicant to pay costs of the application to the respondent.
- Legal Topics
- Leave to Appeal Out of Time, Review of Court Orders, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Mwangi Minyote
Applicant
Monica Wanjiku Kuria
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the court should review its previous order imposing a monetary condition for leave to appeal out of time.
- 2 Whether unconditional leave to appeal out of time should be granted.
Ratio Decidendi
The court found that the previous order imposing a monetary condition for leave to appeal out of time was not justified, especially since the applicant's counsel had not undertaken to pay such a sum and the amount was excessive. The court exercised its discretion to review and set aside the monetary condition, granting unconditional leave to file the appeal out of time. The applicant was, however, ordered to pay the costs of the application to the respondent.
Court Disposition
Application for review allowed; unconditional leave to file appeal out of time granted; applicant to pay costs of the application to the respondent.
Orders
- Unconditional leave to file appeal out of time is granted.
- The applicant shall file the appeal within 7 days from the date of this ruling.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (MILIMANI LAW COURTS)
CIVIL MISC APPL 750 OF 99
SAMUEL MWANGI MINYOTE ……………………. APPLICANT
VERSUS
MONICA WANJIKU KURIA ………………….. RESPONDENT
RULING
Surely, if in my ruling of 16th September 1999, I placed blame on the previous applicant’s counsel for not filing the appeal within the requisite time, though promptly instructions to appeal, I cannot recollect the reason why I thought of imposing a monetary condition for granting leave to file appeal out of time, more so such a huge sum by any standards, particularly when counsel for the applicant gave no such undertaking in that regard.
I cited a legal point involved in the intended appeal and in my view, this is a proper case where I should review my said order and instead grant an unconditional leave to file appeal out of time and that I give the appellant 7 days from today to formally file such appeal. I, however, order the applicant to pay costs of this application to the respondent, either agreed or taxed.
These shall be the orders of this court.
Delivered this 1st day of October 2002.
D.K.S. AGANYANYA
JUDGE