[2024] KEHC 15806 (KLR)
The court found that it has discretion under Section 79G of the Civil Procedure Act to grant leave to appeal out of time if the applicant provides good and sufficient cause for the delay. Upon considering the reasons advanced by the applicant, the court found them plausible and satisfactory. The court therefore...
Source-derived case information.
- Citation
- [2024] KEHC 15806 (KLR)
- Parties
- Applicant: Bolson Mwasingo Wamedi; Respondent: Onesmus Mwalughongo
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E008 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application allowed with conditions
- Judges
- AN Ongeri
- Legal Topics
- Leave to Appeal Out of Time, Extension of Time, Appeals From Subordinate Courts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bolson Mwasingo Wamedi
Applicant
Onesmus Mwalughongo
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant should be granted leave to appeal out of time.
Ratio Decidendi
The court found that it has discretion under Section 79G of the Civil Procedure Act to grant leave to appeal out of time if the applicant provides good and sufficient cause for the delay. Upon considering the reasons advanced by the applicant, the court found them plausible and satisfactory. The court therefore exercised its discretion in favour of the applicant and allowed the application for leave to appeal out of time, subject to the condition that the appeal be filed within 30 days from the date of the ruling.
Court Disposition
application allowed with conditions
Orders
- The application dated 17th May 2024 is allowed.
- The applicant shall file the appeal within 30 days from the date of this ruling.
Full Case Text
Judgment text and source record
23 paragraphs
Wamedi v Mwalughongo (Miscellaneous Civil Application E008 of 2024) [2024] KEHC 15806 (KLR) (13 December 2024) (Ruling)
Neutral citation: [2024] KEHC 15806 (KLR)
Republic of Kenya
In the High Court at Voi
Miscellaneous Civil Application E008 of 2024
AN Ongeri, J
December 13, 2024
Between
Bolson Mwasingo Wamedi
Proposed Appellant
and
Onesmus Mwalughongo
Proposed Respondent
Ruling
1. The application coming for consideration is the one dated 17th May 2024 brought under Section 1A, 1B, 3A, 75 and 95 of the Civil Procedure Act, Cap 21 Laws of Kenya, Order 50 Rule 6 of the Civil Procedure Rules 2010 seeking leave to appeal out of time.
2. The application is opposed by the Respondents Replying Affidavit sworn on 23rd June 2024.
3. The parties filed written submissions which I have duly considered.
4. The sole issue for determination is whether the Applicant should be granted leave to appeal out of time.
5. The legal provision for leave to appeal out of time is Section 79G of the Civil Procedure Act which states as follows:-“Every appeal from a subordinate court to the High Court shall be filed within a period of 30 days from the date of the decree or order appealed against excluding from such period anytime which the lower court may certify as having been requisite for preparation and delivery to the appellant of a copy of the decree or order:Provided that an appeal may be admitted out of time if the appellant satisfies the court that he had good and sufficient cause for not filing the appeal."
6. I find that the court has a discretion to grant leave to appeal out of time.
7. I find the reasons given by the Applicant for delay plausible.
8. I allow the application dated 17th May 2024 on condition that the appeal is filed within 30 days of this date.
DATED, SIGNED AND DELIVERED THIS 13TH DAY OF DECEMBER 2024 IN OPEN COURT AT VOI.ASENATH ONGERIJUDGEIn the presence of:-Court Assistant: Trizah