[2009] KEHC 2868 (KLR)
The court found that the applicant had not delayed inordinately in seeking leave to appeal out of time, as she applied for the proceedings and judgment promptly and filed the application soon after receiving them. The respondent's grounds of opposition were unsigned and therefore invalid, leaving the application...
Source-derived case information.
- Citation
- [2009] KEHC 2868 (KLR)
- Parties
- Applicant: Tabitha Njoki Kagano; Respondent: Jacob Kinyua Kagano
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 47 of 2006
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to File Appeal Out of Time
- Outcome
- application allowed
- Judges
- J Karanja
- Legal Topics
- Leave to Appeal Out of Time, Certificate of Delay, Striking Out Unsigned Pleadings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Tabitha Njoki Kagano
Applicant
Jacob Kinyua Kagano
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to File Appeal Out of Time
Legal Issues
- 1 Whether the applicant demonstrated sufficient cause for delay in filing the appeal out of time.
- 2 Whether unsigned grounds of opposition can be considered by the court.
Ratio Decidendi
The court found that the applicant had not delayed inordinately in seeking leave to appeal out of time, as she applied for the proceedings and judgment promptly and filed the application soon after receiving them. The respondent's grounds of opposition were unsigned and therefore invalid, leaving the application unopposed. The court exercised its discretion to grant leave to appeal out of time, emphasizing the importance of compliance with procedural requirements such as signing pleadings.
Court Disposition
application allowed
Orders
- The applicant is granted leave to file the appeal out of time.
- The appeal must be filed within 14 days of the delivery of this ruling.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
MISCELLANEOU APPLICATION 47 OF 2006
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TABITHA NJOKI KAGANO……….……………..APPLICANT
VERSUS
JACOB KINYUA KAGANO……………………RESPONDENT
RULING
The application is for leave to file an appeal out of time dated 10/5/2006. The applicant contends that she was supplied with the proceedings late.I note that she has annexed a certificate of delay to her affidavit in support of the said application which shows that she applied for the proceedings and a certified copy of the court’s Judgment on 10/1/2006. The same were supplied on 6/4/2006 and she filed the application on 10/5/2006. I would not therefore say that there was inordinate delay on the part of the applicant in this matter.
I have looked at the grounds of opposition filed against the application by Gitonga D.N & Co Advocates.The same are not signed. It is trite law that all court pleadings must be signed.The said grounds call for striking out and are therefore struck out.This would leave the application un-opposed as whatever Mr. Mugambi for the respondent said in court would have no legs to stand on.
In the circumstances, I allow the application dated 10/5/2006 and grant the applicant leave to file the said appeal.The same must be filed within 14 days of the delivery of this ruling.
W. KARANJA
JUDGE
Delivered, dated and signed or Embu this 29th day of June 2009
In presence of:-Mr Githinji for Mugambi for 2nd Respondent
Applicant present in person.
W. KARANJA
JUDGE
The application is for leave to file an appeal out of time dated 10/5/2006. The applicant contends that she was supplied with the proceedings late. I note that she has annexed a certificate of delay to her affidavit in support of the said application which shows that she applied for the proceedings and a certified copy of the court’s Judgment on 10/1/2006. The same were supplied on 6/4/2006 and she filed the application on 10/5/2006. I would not therefore say that there was inordinate delay on the part of the applicant in this matter.
I have looked at the grounds of opposition filed against the application by Gitonga D.N & Co Advocates. The same are not signed. It is trite law that all court pleadings must be signed. The said grounds call for striking out and are therefore struck out. This would leave the application un-opposed as whatever Mr. Mugambi for the respondent said in court would have no legs to stand on.
In the circumstances, I allow the application dated 10/5/2006 and grant the applicant leave to file the said appeal. The same must be filed within 14 days of the delivery of this ruling.
W. KARANJA
JUDGE
Delivered, dated and signed or Embu this 29th day of June 2009
In presence of:-Mr Githinji for Mugambi for 2nd Respondent
Applicant present in person.
W. KARANJA
JUDGE