[2013] KEHC 2865 (KLR)
The court found that the applicant provided reasonable and sufficient explanation for the delay in filing the Notice of Appeal. The absence of both parties at the time of judgment delivery was due to the applicant's travel and his advocate's examination commitments. Upon learning of the judgment, the applicant acted...
Source-derived case information.
- Citation
- [2013] KEHC 2865 (KLR)
- Parties
- Plaintiff: Wambua Mwangangi; Defendant: Samuel Kamunye Gichigi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 425 of 2009
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to File Notice of Appeal Out of Time
- Outcome
- application allowed
- Judges
- MM Gitumbi
- Legal Topics
- Extension of Time, Notice of Appeal, Judgment Delivery, Absence of Parties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wambua Mwangangi
Plaintiff
Samuel Kamunye Gichigi
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to File Notice of Appeal Out of Time
Legal Issues
- 1 Whether the applicant should be granted leave to file a Notice of Appeal out of time.
- 2 Whether the reasons for delay in filing the Notice of Appeal are reasonable.
Ratio Decidendi
The court found that the applicant provided reasonable and sufficient explanation for the delay in filing the Notice of Appeal. The absence of both parties at the time of judgment delivery was due to the applicant's travel and his advocate's examination commitments. Upon learning of the judgment, the applicant acted without inordinate delay in bringing the application. The court exercised its discretion to allow the application for extension of time, finding no evidence of undue delay or prejudice to the respondent.
Court Disposition
application allowed
Orders
- Leave is granted to the applicant to file a Notice of Appeal out of time.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ELC. CASE NO. 425 OF 2009
WAMBUA MWANGANGI………………………….…….………. PLAINTIFF
VERSUS
SAMUEL KAMUNYE GICHIGI…………….………….....…DEFENDANT
RULING
I have read the Notice of Motion dated 17/7/13 which seeks for leave to be granted to the Applicant to file a Notice of Appeal out of time. I have also read the Affidavit of Wambua Mwangangi dated 17/7/13 in which he explains the reason why the Notice of Appeal was not filed on time.
Indeed, the Judgment herein was delivered on 14th June 2013 in the absence of all parties. The Plaintiff has disclosed that he had travelled and his advocate was taking exams on that day hence his non-attendance in court. The Plaintiff discloses that he only came to learn about the Judgment on 5th July 2013 by which time the time period within which a Notice of Appeal is required to be filed had lapsed.
I can see that there was no inordinate delay in filing this application.
I am convinced that the reasons given for non-attendance are reasonable.
I therefore allow the application.
SIGNED AND DELIVERED AT NAIROBI
ON THE 2ND DAY OF AUGUST 2013.
MARY M. GITUMBI
JUDGE