[2006] KEHC 522 (KLR)
The court found that the applicant had demonstrated that the failure to file the appeal within the statutory period was due to circumstances beyond his control, specifically the court's delay in providing copies of proceedings and judgment. Since the application was unopposed and the applicant acted promptly upon...
Source-derived case information.
- Citation
- [2006] KEHC 522 (KLR)
- Parties
- Applicant: Samuel Njuguna Kamau; Respondent: Rebecca Mumbi Kiguru
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 550 of 2006
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- Application allowed. Leave to appeal out of time granted.
- Judges
- JL Osiemo
- Legal Topics
- Extension of Time, Leave to Appeal, Court Delays
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Njuguna Kamau
Applicant
Rebecca Mumbi Kiguru
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant should be granted leave to file an appeal out of time due to delay caused by the court.
Ratio Decidendi
The court found that the applicant had demonstrated that the failure to file the appeal within the statutory period was due to circumstances beyond his control, specifically the court's delay in providing copies of proceedings and judgment. Since the application was unopposed and the applicant acted promptly upon receipt of the documents, the court exercised its discretion to allow the application for extension of time to appeal.
Court Disposition
Application allowed. Leave to appeal out of time granted.
Orders
- The applicant is granted leave to file the appeal out of time.
- The applicant shall file the appeal within 14 days from the date of this ruling.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
THE HIGH COURT IN NAIROBI(MILIMANI LAW COURTS)
MISC APPLI 550 OF 2006
SAMUEL NJUGUNA KAMAU ……………………. PLAINTIFF
VERSUS
REBECCA MUMBI KIGURU …………..………DEFENDANT
RULING
The Applicant by way of this Notice of Motion seeks leave to Appeal out of time. The application is premised on the ground that the delay to file the Appeal in time was caused by the Court. The application is also supported by an affidavit sworn by the Applicant Samuel Njuguna Kamau in which he avers that immediately judgment was delivered he instructed his Counsel on record to apply for copies of proceedings and Judgment which he did on 2. 6.06 and the same were not received until 12/6/06 which was outside the statutory period allowed within which to prefer appeal.
The application is not opposed. Mr. Mbilyu Counsel for the Respondent in reply to the application did not oppose the application. The Applicant has established that failure to file Appeal within the statutory period was beyond his control and the Appeal being not opposed, the same is allowed. The Applicant to file the Appeal within 14 days from the date of this ruling.
Costs of this application be costs in the Appeal.
DATED at Nairobi this 19th day of December, 2006.
………………………..
J.L.A. OSIEMO
JUDGE