[2005] KEHC 15 (KLR)
The court found that the applicant acted promptly in seeking proceedings and filing the application for leave to appeal out of time. The delay was minimal and satisfactorily explained. There was no serious opposition from the respondents addressing the statutory requirements. Given that the right of appeal should...
Source-derived case information.
- Citation
- [2005] KEHC 15 (KLR)
- Parties
- Applicant: Waweru Munyi; Respondent: Eliud Kariuki Waweru; Respondent: Josphat Muriuki Kiama; Respondent: Emmanuel Maina Njirani
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- ? 72 of 2005
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application allowed
- Legal Topics
- Extension of Time, Leave to Appeal, Exercise of Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Waweru Munyi
Applicant
Eliud Kariuki Waweru
Respondent
Josphat Muriuki Kiama
Respondent
Emmanuel Maina Njirani
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant has provided sufficient cause for delay in filing the appeal out of time.
- 2 Whether the court should exercise its discretion to grant leave to appeal out of time.
Ratio Decidendi
The court found that the applicant acted promptly in seeking proceedings and filing the application for leave to appeal out of time. The delay was minimal and satisfactorily explained. There was no serious opposition from the respondents addressing the statutory requirements. Given that the right of appeal should not be denied except in the clearest cases, the court exercised its discretion in favour of the applicant and granted leave to appeal out of time, subject to the appeal being filed within 14 days.
Court Disposition
application allowed
Orders
- Leave to appeal out of time is granted.
- The appeal shall be filed within 14 days of this ruling.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT EMBU
Misc Civil Appli. 72 of 2005
WAWERU MUNYI……………………………………APPLICANT
VERSUS
ELIUD KARIUKI WAWERU………………………..1ST RESPONDENT
JOSPHAT MURIUKI KIAMA……………………….2ND RESPONDENT
EMMANUEL MAINA NJIRANI…………………….3RD RESPONDENT
RULING
1. The Applicant herein seeks leave to Appeal out of time from the decision of J.N. Onyiego, Esq, SRM made on 6. 4.2005 in SRMCC No. 443/2004 (Kerugoya).
2. I note that the Applicant applied for proceedings on 11. 4.2005, five (5) days after the Ruling and the said proceedings were supplied on 10. 5.2005 and the instant Application was filed on 18. 5.2005. The delay in filing the Appeal on time cannot in those circumstances be said to be inordinate.
3. There being no serious opposition to the Application as all the grounds of opposition do not address the expectation of Section G of the Civil Procedure Act, I am satisfied that the Applicant has given a sufficient explanation for the short delay.
4. As an Appeal is a right which should be denied in the clearest circumstances to warrant such denial, I should exercise discretion in favour of the Applicant.
5. Accordingly, the Application dated 18. 5.2005 be and is hereby allowed save that the Appeal shall be filed within 14 days hereof.
6. Costs shall abide the Appeal.
Orders accordingly.
Dated and delivered in open court on this18th ….day of
…Oct….2005.
I.LENAOLA
JUDGE