[2002] KECA 220 (KLR)
The court found that the delay of 25 days was not inordinate and that the explanation provided by the applicants—that they were not notified of the date for delivery of the ruling—was reasonable and satisfactory. The court further considered that the intended appeal was not frivolous, as it raised arguable points...
Source-derived case information.
- Citation
- [2002] KECA 220 (KLR)
- Parties
- Applicant: United Insurance Company Ltd; Applicant: Joshua Pete t/a Tika Tours; Respondent: Peresia Muga
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous Application 451 of 2001
- Procedural Posture
- Extension of Time Application / Ruling on Application for Extension of Time to File Notice and Record of Appeal
- Outcome
- Application for extension of time granted.
- 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
United Insurance Company Ltd
Applicant
Joshua Pete t/a Tika Tours
Applicant
Peresia Muga
Respondent
Procedural Posture
Extension of Time Application / Ruling on Application for Extension of Time to File Notice and Record of Appeal
Legal Issues
- 1 Whether the delay of 25 days in filing the notice and record of appeal is excusable.
- 2 Whether the applicants have provided a satisfactory explanation for the delay.
- 3 Whether the intended appeal is arguable and meritorious.
Ratio Decidendi
The court found that the delay of 25 days was not inordinate and that the explanation provided by the applicants—that they were not notified of the date for delivery of the ruling—was reasonable and satisfactory. The court further considered that the intended appeal was not frivolous, as it raised arguable points regarding the legality of the ruling. Exercising its discretion, the court granted the application for extension of time, allowing the applicants to file and serve the notice of appeal and record of appeal out of time, subject to specific timelines. Costs of the application were awarded to the respondent.
Court Disposition
Application for extension of time granted.
Orders
- Leave is granted to lodge and serve the notice of appeal out of time within 14 days.
- The record of appeal shall be filed 14 days after service of the notice of appeal.
Full Case Text
Judgment text and source record
17 paragraphs
REPULIC OF KENYA
IN THE COURT OF APPEAL AT KISUMU (CORAM: TUNOI, J.A. (IN CHAMBERS)) CIVIL APPLICATION NO. NAI. 451 OF 2001 (KSM. 61/2001)
BETWEEN
UNITED INSURANCE COMPANY LTD ......................... 1ST APPLICANT
JOSHUA PETE T/A TIKA TOURS .............................. 2ND APPLICANT
AND
PERESIA MUGA ............................................................. RESPONDENT
(Application for extension of time to file and serve Notice of Appeal and Record of Appeal out of time from the Ruling of the High Court of Kenya at Kisumu (Mr. Justice B.K. Tanui) dated 1st October, 2001 in H.C.C.C. NO. 86 OF 2001) ****************
R U L I N G
In this reference, the delay involved is 25 days. Counsel for the applicants attributes the delay to the fact that the superior court did not notify him of the date for the delivery of the ruling the subject matter of the intended appeal. In my view, this explanation is reasonable and indeed satisfactory. Again, the period involved cannot, in the circumstances, be said to be inordinate.
Having perused the material presented to me in this application, I think that the intended appeal is meritorious. It has, for example, been urged that the ruling is illegal in that it penalizes or condemns a party without due compliance with the rules of the Court. I exercise my discretion in favour of the applicants and grant the application as prayed. Leave is hereby granted to lodge and serve the notice of appeal out of time. This shall be done within 14 days hereof. The record of appeal shall be filed 14 days after the service of the notice of appeal.
The respondents shall have the costs of this application which I assess at Shs.3,000/= and which must be paid on or before 20th March, 2002.
Dated and delivered at Kisumu this 13th day of March, 2002.
P.K. TUNOI
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR