Kihungi V Kihungi  EKLR
|Civil Application 136 of 1989
|28 Sep 1989
James Onyiego Nyarangi
Court of Appeal at Nakuru
Pauline Wanjiku Kihungi v Kihungi
Kihungi v Kihungi  eKLR
Kihungi v Kihungi
Court of Appeal, at Nakuru
September 28, 1989
Civil Application No 136 of 1989
(In an intended appeal from the judgment of the High Court at Nakuru, Tunoi J dated 25th January 1988 in Civil Suit No 90 of 1986)
Civil Practice and Procedure - extension of time - time to file appeal - case involving a land dispute - courts’ inclination to allow appeals in such matters.
Land Law - land disputes – appeals in such disputes – court generally inclined to allow extension of time to file appeal.
The applicant sought extension of time to file a notice of appeal out of time. The parties to the case were co-wives and the dispute concerned family land.
The applicant contended in the affidavit in support of the application that she instructed her advocate to lodge a notice of appeal within the prescribed time by the Court of Appeal Rules but the advocate did not do so.
1. It has become a basic concept of land disputes that unless there has been such delay as would make it clearly unreasonable and unjust to reopen the matter, an intending appellant should be allowed to institute an appeal.
2. When it is family land, the added advantage is that upon determination by the court peace and harmony in the family affected is restored.
3. It seemed unlikely that the respondent and her children would be denied justice. In the circumstances, the only matter for consideration was whether the delay in bringing the notice of motion was inordinate, inexcusable and unexplained.
4. The delay was not inordinate and this court accepted the explanation for the delay.
No cases referred to.
Court of Appeal Rules (cap 9 Sub Leg) rules 4, 22(1), 54(1)(c), 76, 81
Mr Kagucia for the Respondent.