[2024] KEHC 6814 (KLR)
The application for extension of time to file an appeal was dismissed because the applicant failed to provide any explanation for the delay, which is a mandatory requirement regardless of the duration of the delay. Additionally, the court found that the material presented did not raise any triable issues on...
Source-derived case information.
- Citation
- [2024] KEHC 6814 (KLR)
- Parties
- Applicant: Benson Maina Wathuta; Respondent: Rosemary Wambui Muguongo alias Rosemary Wambui Wamathai; Respondent: Erick Gitahi Njeri
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E071 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application dismissed
- Judges
- DKN Magare
- Legal Topics
- Extension of Time, Leave to Appeal, Unexplained Delay
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benson Maina Wathuta
Applicant
Rosemary Wambui Muguongo alias Rosemary Wambui Wamathai
Respondent
Erick Gitahi Njeri
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant has provided sufficient explanation for the delay in filing the appeal out of time.
- 2 Whether the intended appeal raises any triable issues on liability or quantum.
Ratio Decidendi
The application for extension of time to file an appeal was dismissed because the applicant failed to provide any explanation for the delay, which is a mandatory requirement regardless of the duration of the delay. Additionally, the court found that the material presented did not raise any triable issues on liability or quantum, and thus there was no inherent merit in the intended appeal. In the absence of opposition, each party was ordered to bear their own costs and the file was closed.
Court Disposition
application dismissed
Orders
- The application dated 20/12/2023 lacks merit and is accordingly dismissed with no order as to costs.
- The file is closed.
Full Case Text
Judgment text and source record
22 paragraphs
Wathuta v Wambui & another (Miscellaneous Civil Application E071 of 2023) [2024] KEHC 6814 (KLR) (10 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6814 (KLR)
Republic of Kenya
In the High Court at Nyeri
Miscellaneous Civil Application E071 of 2023
DKN Magare, J
June 10, 2024
Between
Benson Maina Wathuta
Applicant
and
Rosemary Wambui Muguongo alias Rosemary Wambui Wamathai
1st Respondent
Erick Gitahi Njeri
2nd Respondent
Ruling
1. This is a ruling in respect of leave to come on record and leave to file an appeal out of time.
2. Judgment was delivered on 28/9/2023. The application for extension was filed on 20/12/2023. The Appeal ought to have been filed by 28/10/2023. There is no explanation given for the delay. However long or short the delay, an explanation must be given.
3. The court considers the inherent merit of the intended appeal. No material has been placed in court in regard to the appeal on liability. The material placed before the court regarding quantum do not raise any triable issue.
4. The delay having not been explained the court has no option other than to dismiss the application dated 20/12/2023. Since the same does not appear as opposed, each party shall bear their own costs. The file is closed.
Determination 5. The upshot of the foregoing is that I make the following orders:a.The application dated 20/12/2023 lacks merit and is accordingly dismissed with no order as to costs.b.The file is closed.
DELIVERED, DATED AND SIGNED AT NYERI ON THIS 10TH DAY OF JUNE, 2024. KIZITO MAGAREJUDGEIn the presence of:-Ms. Karanja for Ms. Thungu for the ApplicantNo appearance for the RespondentsCourt Assistant – Jedidah