[1999] KECA 173 (KLR)
The court found that the applicants failed to provide a satisfactory explanation for the delay in filing the record of appeal, particularly as there were other litigation lawyers available in the advocate's chambers who could have acted in the absence of Mr. Madara. Additionally, the applicants did not explain the...
Source-derived case information.
- Citation
- [1999] KECA 173 (KLR)
- Parties
- Applicant: Twiga Chemical; Applicant: Lucas Indeche Imbila; Respondent: Joram Kivairu
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 195 of 1999
- Procedural Posture
- Civil Application / Application for Extension of Time to File and Serve Record of Appeal
- Outcome
- application dismissed
- Legal Topics
- Extension of Time, Appeals Process, Court Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Twiga Chemical
Applicant
Lucas Indeche Imbila
Applicant
Joram Kivairu
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to File and Serve Record of Appeal
Legal Issues
- 1 Whether the applicants have provided sufficient cause for the extension of time to file and serve the record of appeal.
- 2 Whether the delay in filing the record of appeal after the previous extension was adequately explained.
Ratio Decidendi
The court found that the applicants failed to provide a satisfactory explanation for the delay in filing the record of appeal, particularly as there were other litigation lawyers available in the advocate's chambers who could have acted in the absence of Mr. Madara. Additionally, the applicants did not explain the further delay between the record being ready and the filing of the present application. The court concluded that, in all the circumstances, this was not a fit and proper case to exercise its discretion in favour of the applicants. Consequently, the application for extension of time was dismissed.
Court Disposition
application dismissed
Orders
- The application for extension of time to file and serve the record of appeal is dismissed.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: LAKHA, J.A. (IN CHAMBERS) CIVIL APPLICATION NO. NAI. 195 OF 1999 (77/99UR) BETWEEN
TWIGA CHEMICAL .................................... 1STAPPLICANT LUCAS INDECHE IMBILA .............................. 2ND APPLICANT AND JORAM KIVAIRU ........................................RESPONDENT
(Application for extension of time to file and serve record of appeal from an Order of the High Court of Kenya at Nairobi (Justice Khamoni) dated 23rd January, 1998
in
H.C.C.C. NO. 2377 OF 1988) ****************** R U L I N G
This is an application under rule 4 for an extension of time to file the record of appeal. The time to file the appeal expired on 6th December, 1998. The applicant on 9th June, 1999 was granted an extension upto 23rd June, 1999 to do so. This, however, was not done. Mr. Madara fell sick on 15th June, 1999 until 1st July, 1999. But he is not the only litigation lawyer in his Chambers. There is no explanation why another litigation lawyer available could not do so. If there are not enough litigation lawyers then the Chambers should have more. The record was ready by 1st July, 1999 and filed on 2nd July, 1999. But this application was not filed until 29th July, 1999. Again, there is no explanation for this delay.
In all the circumstances, I am not satisfied that I should exercise my discretion in favour of the applicant as I do not consider, in all the circumstances, that this is a fit and proper case to do so.
Accordingly, the application is dismissed.
Dated and delivered at Nairobi this 6th day of August, 1999.
A.A. LAKHA
.................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR