[2002] KEHC 1095 (KLR)
The court found that the applicant failed to demonstrate sufficient cause for the delay in filing the appeal, as the law does not require certified copies of proceedings or ruling to file an appeal. The applicant, represented by counsel, should have been aware of the applicable legal requirements. Furthermore, the...
Source-derived case information.
- Citation
- [2002] KEHC 1095 (KLR)
- Parties
- Applicant: Tabitha Wanbui Mungai; Respondent: Joyce Wanjiku Mungai
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 1420 of 2001
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Extension of Time to File Appeal
- Outcome
- application dismissed with costs
- Legal Topics
- Succession, Estate Distribution, Extension of Time, Appeals Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Tabitha Wanbui Mungai
Applicant
Joyce Wanjiku Mungai
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Extension of Time to File Appeal
Legal Issues
- 1 Whether the applicant was prevented by sufficient cause from filing the appeal within the prescribed time.
- 2 Whether the absence of certified copies of proceedings and ruling is a valid ground for delay in filing an appeal.
- 3 Whether the intended appeal has merit or is frivolous.
Ratio Decidendi
The court found that the applicant failed to demonstrate sufficient cause for the delay in filing the appeal, as the law does not require certified copies of proceedings or ruling to file an appeal. The applicant, represented by counsel, should have been aware of the applicable legal requirements. Furthermore, the lower court had distributed the estate in accordance with the relevant statutory provision, and the intended appeal was deemed frivolous and intended to delay the distribution of the estate. Consequently, the application for extension of time was dismissed with costs.
Court Disposition
application dismissed with costs
Orders
- The application for extension of time to file appeal is dismissed with costs.
Full Case Text
Judgment text and source record
10 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI MISC APPLICATION NO. 1420 OF 2001
IN THE MATTER OF THE ESTATE OF DANIEL MUNGAI NGURE
ALIAS MUNGAI NGURE – DECEASED
TABITHA WANBUI MUNGAI…………………………….APPELLANT VERSUS JOYCE WANJIKU MUNGAI…………………………….RESPONDENT RULING I have perused the grounds on which applicant relies to show that she was prevented by sufficient cause to file the appeal in time. She blames the court, for failing to provide certified copies of proceedings in time. Applicant was represented by counsel who is deemed to be aware of the law.
By Order XLI Rule 1 and Rule 1A, a certified copy of the Ruling/Judgment and a certified copy of proceedings are not necessary in filing a competent Appeal. All is required is a memo of Appeal and a certified copy of the decree or order appealed from.
I am therefore satisfied that applicant has not satisfied the court that she was prevented by sufficient reasons from filing the Appeal in time. In any case I have perused the copy of the Ruling delivered by the lower court on 20. 6.2001. The learned Magistrate distributed the estate in accordance with s. 40 of the Law of Succession Act.
The intended appeal is therefore prima facie frivolous and intended to delay the distribution of the estate.
I dismiss the application with costs. E. M. Githinji Judge 18. 2.2002
Mr. Kioko holding brief for Ndicho for respondent present Miss Mwangi absent