[2024] KEHC 12037 (KLR)
The court found that the applicants failed to provide any sufficient or plausible explanation for the inordinate delay of 10 months in filing the appeal after being served with the ruling. The reasons advanced by the applicants were deemed otiose and did not justify the exercise of the court's discretion in their...
Source-derived case information.
- Citation
- [2024] KEHC 12037 (KLR)
- Parties
- Applicant: John Maina Thiong’o; Applicant: Harrison Kihara t/a Hariki Auctioneers; Respondent: Zakayo Kairu; Interested Party: Gabriel Nyamu
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous Application E016 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Extension of Time to Appeal
- Outcome
- application dismissed
- Judges
- DKN Magare
- Legal Topics
- Extension of Time, Appeals, Delay in Filing, Costs Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Maina Thiong’o
Applicant
Harrison Kihara t/a Hariki Auctioneers
Applicant
Zakayo Kairu
Respondent
Gabriel Nyamu
Interested Party
Procedural Posture
Miscellaneous Application / Ruling on Application for Extension of Time to Appeal
Legal Issues
- 1 Whether the applicants have provided sufficient explanation for the delay in filing the appeal.
- 2 Whether the court should exercise its discretion to extend time for filing an appeal.
Ratio Decidendi
The court found that the applicants failed to provide any sufficient or plausible explanation for the inordinate delay of 10 months in filing the appeal after being served with the ruling. The reasons advanced by the applicants were deemed otiose and did not justify the exercise of the court's discretion in their favour. Consequently, the application for extension of time was dismissed for lack of merit.
Court Disposition
application dismissed
Orders
- The application dated 22/2/2024 is dismissed for lack of merit.
- Each party to bear its own costs.
Full Case Text
Judgment text and source record
25 paragraphs
Thiong’o & another v Kairu; Nyamu (Interested Party) (Civil Miscellaneous Application E016 of 2024) [2024] KEHC 12037 (KLR) (26 September 2024) (Ruling)
Neutral citation: [2024] KEHC 12037 (KLR)
Republic of Kenya
In the High Court at Nyeri
Civil Miscellaneous Application E016 of 2024
DKN Magare, J
September 26, 2024
Between
John Maina Thiong’o
1st Applicant
Harrison Kihara t/a Hariki Auctioneers
2nd Applicant
and
Zakayo Kairu
Respondent
and
Gabriel Nyamu
Interested Party
Ruling
1. This is an application for extension of time within which to appeal from the Ruling of 30/5/2023. The ruling was delivered in the presence of counsel for the parties. The same was on the advocate for parties.
2. The 2nd Applicant was served immediately. There was no appeal made for a whole 10 months. There is no explanation for the delay. The reasons given are otiose.
3. Consequently the application dated 23/2/2024 is dismissed.
4. There was no response. Each party shall bear their own costs.
Determination 5. The court makes the following orders:-a.The Application dated 22/2/2024 lacks merit and is accordingly dismissed.b.Each party to bear its own costs.c.The file is closed.
DELIVERED, DATED AND SIGNED AT NYERI ON THIS 26TH DAY OF SEPTEMBER, 2024. RULING DELIVERED THROUGH MICROSOFT TEAMS ONLINE PLATFORM.KIZITO MAGAREJUDGEIn the presence of:-No appearance for partiesCourt Assistant – JedidahPage 2 of 2 M. D. KIZITO, J.