[2018] KECA 57 (KLR)
The court found that the applicant had sufficiently demonstrated his inability to pay court fees or provide security for costs, as evidenced by his affidavit and the Registrar's report. The absence of any opposition from the respondent and the supporting documentation from local authorities further substantiated the...
Source-derived case information.
- Citation
- [2018] KECA 57 (KLR)
- Parties
- Applicant: Stephen Gathuku Kinyanjui; Respondent: Peter Gatihuri Karingu
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 122 of 2018
- Procedural Posture
- Civil Application / Application for Leave to Appeal as Pauper
- Outcome
- Application allowed. Leave granted to file appeal as pauper.
- Legal Topics
- Pauper Appeals, Court Fees Waiver, Eviction Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Gathuku Kinyanjui
Applicant
Peter Gatihuri Karingu
Respondent
Procedural Posture
Civil Application / Application for Leave to Appeal as Pauper
Legal Issues
- 1 Whether the applicant should be granted leave to file an appeal as a pauper without payment of court fees or security for costs.
- 2 Whether the applicant has demonstrated inability to pay court fees as required by law.
Ratio Decidendi
The court found that the applicant had sufficiently demonstrated his inability to pay court fees or provide security for costs, as evidenced by his affidavit and the Registrar's report. The absence of any opposition from the respondent and the supporting documentation from local authorities further substantiated the applicant's claim. Consequently, the court exercised its discretion to allow the application, permitting the applicant to file his intended appeal without prior payment of court fees or security for costs.
Court Disposition
Application allowed. Leave granted to file appeal as pauper.
Orders
- The applicant is granted leave to file his appeal from the decision of the Environment and Land Court in ELC No. 1513 of 2016 without prior payment of court fees and without lodging security for costs.
Full Case Text
Judgment text and source record
22 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
CORAM: GATEMBU J.A (IN CHAMBERS)CIVIL APPLICATION NUMBER 122 OF 2018
BETWEEN
STEPHEN GATHUKU KINYANJUI.............APPLICANT
AND
PETER GATIHURI KARINGU.................RESPONDENT
(An application leave to file the intended appeal as a pauper against the Judgment of the E.L.C. (Obaga, J) delivered on 5thFebruary, 2018
in
E.L.C. No. 1513 of 2016)
************************
RULING
1. By his notice of motion dated 4 April 2018, the applicant Stephen Gathuku Kinyanjui, seeks leave of the court to file his appeal “in forma pauperis”. He intends to appeal against the judgement of the High Court delivered on 5th February 2018 ordering his eviction from the property known as title number Ngenda/ Mutomo/T. 225. In his affidavit in support of the application, he deposes that he is not able to make ends meet; that he has no stable source of livelihood; that he relies on money from small-scale farming for his which he sought to be evicted; and that he does not have the means to pay court fees. He has attached to his affidavit a letter addressed to the Legal Advice Centre, Kituo Cha Sheria, by the assistant county commissioner, Gatundu seeking financial assistance.
2. The applicant appeared before me for the hearing of his application on 27th November 2018. Though served, there was no appearance for the respondent. The applicant referred to his application and the affidavit in support and reiterated that he has no means by which to pay the court fees in this matter. I invited the Registrar of the Court to make representations in the matter pursuant to rule 115(2) of the Rules of the Court. Having interviewed the applicant, the Registrar filed a report dated 13th December 2018 from which it appears that the applicant is indeed deserving of the prayers that he seeks.
3. Having considered the application and the material presented, I allow prayer 2 of the applicant's application dated 4th April 2018 and lodged in the court registry on 24th April 2018. In accordance with lodge his appeal from the decision of the Environment and Land Court in ELC No. 1513 of 2016 without prior payment of fees of Court and without security for costs being lodged.
Orders accordingly.
Dated and delivered at Nairobi this 20thday of December, 2018.
S. GATEMBU KAIRU, FCIArb
…………………………..
JUDGE OF APPEAL
I certify that this is the true copy of the original.
DEPUTY REGISTRAR