[2008] KEHC 3202 (KLR)
The court found that the applicant satisfactorily explained the delay in filing the appeal, attributing it to the late supply of certified copies of judgment and proceedings and the issuance of a certificate of delay. Given that the dispute concerns the validity of a customary marriage, which is a matter of personal...
Source-derived case information.
- Citation
- [2008] KEHC 3202 (KLR)
- Parties
- Applicant: Teresia Wainoi Mugambi; Respondent: Joseph Mugambi Ngure
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- ? 13 of 2007
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Enlarge Time to File Appeal
- Outcome
- application allowed
- Legal Topics
- Extension of Time, Customary Marriage, Appeals, Personal Status
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Teresia Wainoi Mugambi
Applicant
Joseph Mugambi Ngure
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Enlarge Time to File Appeal
Legal Issues
- 1 Whether the applicant has provided sufficient cause for delay in filing the appeal.
- 2 Whether the court should exercise its discretion to enlarge time for filing an appeal against the judgment/orders of 6/7/2006.
- 3 Whether the dispute concerning the validity of a customary marriage warrants determination on appeal.
Ratio Decidendi
The court found that the applicant satisfactorily explained the delay in filing the appeal, attributing it to the late supply of certified copies of judgment and proceedings and the issuance of a certificate of delay. Given that the dispute concerns the validity of a customary marriage, which is a matter of personal status and significant importance to both parties, the court exercised its discretion to allow the application. The court ordered that the proposed appeal be filed within 14 days from the date of the ruling.
Court Disposition
application allowed
Orders
- The application to enlarge time for filing an appeal is allowed.
- The proposed appeal shall be filed within 14 days from the date of this ruling.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
H.C.MISC.APPLI. 13 OF 2007
TERESIA WAINOI MUGAMBI……………......………………APPLICANT
VERSUS
JOSEPH MUGAMBI NGURE……………………………..RESPONDENT
RULING
Notice of Motion filed on 1/2/2007 seeks to enlarge time within which to file an appeal against Judgment/Orders made on 6/7/2006.
The reason for delay in compliance is that the certified copies of Judgment and proceedings were supplied on 25/9/2006. Certificate of delay was issued on 21/12/2006. The dispute is the validity of a customary marriage. This being a matter of determination of personal status of parties it is an important dispute to be determined. I therefore find that the substance of the appeal is important to both parties. I accept the explanation as to the cause of delay.
I allow application and order the proposed appeal to be filed within the next 14 days from today.
Dated this 22nd February, 2008.
J. N. KHAMINWA
JUDGE
22/2/2008
Khaminwa – Judge
Njue- Clerk
Mr. Chomba present
Read in open court.
J. N. KHAMINWA
JUDGE