[1996] KECA 129 (KLR)
The court found that the applicant failed to provide a reasonable or sufficient explanation for the eight-year delay in filing the record of appeal. The applicant's lack of diligence in following up with its advocates and the absence of any action for such a prolonged period amounted to an abuse of the court...
Source-derived case information.
- Citation
- [1996] KECA 129 (KLR)
- Parties
- Applicant: Uchumi Insurance Brokers Ltd; Respondent: Kenya Bureau of Standards
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 295 of 1995
- Procedural Posture
- Civil Application / Ruling on Application for Extension of Time to File Record of Appeal
- Outcome
- application dismissed with costs
- Legal Topics
- Extension of Time, Appeals Process, Court Discretion, Delay in Filing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Uchumi Insurance Brokers Ltd
Applicant
Kenya Bureau of Standards
Respondent
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to File Record of Appeal
Legal Issues
- 1 Whether the applicant has provided a sufficient explanation for the eight-year delay in filing the record of appeal.
- 2 Whether the court should exercise its discretion to extend time for lodging the record of appeal in the circumstances presented.
Ratio Decidendi
The court found that the applicant failed to provide a reasonable or sufficient explanation for the eight-year delay in filing the record of appeal. The applicant's lack of diligence in following up with its advocates and the absence of any action for such a prolonged period amounted to an abuse of the court process. The court held that to grant the extension in these circumstances would be unjust to the respondent and would not serve the interests of justice. Therefore, the application for extension of time was dismissed.
Court Disposition
application dismissed with costs
Orders
- The application for extension of time to file the record of appeal is dismissed.
- The applicant shall pay the costs of the application to the respondent.
Full Case Text
Judgment text and source record
23 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
CORAM: TUNOI, J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. NAI. 295 OF 1995
BETWEEN
UCHUMI INSURANCE BROKERS LTD............................. APPLICANT
AND
KENYA BUREAU OF STANDARDS ............................... RESPONDENT
(Application for extension of time to file record of appeal out of time in an intended appeal from a judgment ofthe High Court of Kenya at Nairobi (Mr. Justice Mbogholi-Msagha) dated
in
H.C.C.C. NO. 1644 OF 1987) **********************
RULING
I have before me a motion on notice expressed to be brought under rule 4 of the Court of Appeal Rules by Mr. Kowade, for the applicant, for orders that the time for lodging the record of appeal be extended.
The judgment the subject matter of the intended appeal was delivered on 22nd October, 1987. The applicant being dissatisfied with it immediately filed a notice of appeal - in fact on the same day. Its then advocate was Mr. A. R. Kapila. It would appear from the three letters written by the applicant to Messrs. Muthoga, Gaturu & Co., advocates, that the said advocates were instructed to take necessary steps to lodge an appeal. However, it is now clear that nothing was done and no appeal was ever filed.
Though the notice of appeal was duly filed, there is nothing on record to show what the applicant did from 1987 to 1995 - a period of eight years. Even though the newly instructed advocates were inactive, it would not have been difficult for the applicant to find out within a short time that they were unwilling to act for it in the intended appeal or that they were utterly negligent. All that I can surmise is that the applicant did not care whether an appeal was filed or not. After all, it is the duty of every litigant to keep in constant touch with his advocate.
The delay involved herein is too inordinate to be excused; and, the application itself may be deemed to amount to an abuse of the process of the court. If I were to accede to such an application with an uneventful history, I would be occasioning injustice to the respondent. The applicant has not offered a reasonable explanation for such a long lapse of time.
This application is without merit and I refuse to exercise my discretion in the applicant's favour. The application is dismissed with costs.
Dated and delivered at Nairobi this 4th day of November, 1996.
P. K. TUNOI
.......................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR