Case Metadata |
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| Case Number: | Application 1 of 2016 |
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| Parties: | Joseph Kinyua Gachaki v Pauline Wandia Kinyua |
| Date Delivered: | 24 Mar 2017 |
| Case Class: | Civil |
| Court: | Supreme Court of Kenya |
| Case Action: | Ruling |
| Judge(s): | Mohammed Khadhar Ibrahim, Smokin Charles Wanjala |
| Citation: | Joseph Kinyua Gachaki v Pauline Wandia Kinyua [2017] eKLR |
| Case History: | (Being an application for extension of time and review of the decision given by Court of Appeal at Nyeri (Waki, Nambuye & Kiage, JJ.A) dated 2nd December, 2015, denying certificate of leave to file an appeal to the Supreme Court in Sup.Ct. Civil Application No. 3 of 2015) |
| Court Division: | Civil |
| County: | Nairobi |
| History Docket No: | Civil Application No. 3 of 2015 |
| History Judges: | Patrick Omwenga Kiage, Philip Nyamu Waki, Roselyn Naliaka Nambuye |
| Case Summary: | Joseph Kinyua Gachaki v Pauline Wandia Kinyua Application 1 of 2016 Supreme Court of Kenya M K Ibrahim & S C Wanjala, SCJJ March 24, 2017 Reported by Nelson Tunoi
Civil Practice and Procedure – extension of time – application for extension of time and review of the decision of the Court of Appeal – where the Court of Appeal denied certificate of leave to file an appeal in the Supreme Court – whether the application had merit – Supreme Court Act, section 23(2)(b); Supreme Court Rules, 2015, Rule 21
An application for extension of time to file a Notice of Appeal was lodged before the Supreme Court. The Applicant contended that the delay in filing a Notice of Appeal was occasioned by financial difficulties on his part, and a misapprehension of the law on the part of his Advocate. The Respondent opposed the application on grounds that, the reasons advanced by the Applicant could not justify the extension of time as sought.
Held: 1. No compelling reasons were presented to the Court as a justification for the inordinate delay. Application dismissed with costs. |
| Extract: | Cases: None referred to
Statutes East Africa 1. Supreme Court Act, 2017 (Act No 7 of 2012) section 23(2)(b) – (Interpreted) 2. Supreme Court Rules, 2015 (No 7 Sub Leg)) rule 21 – (Interpreted) Advocates: None mentioned |
| History County: | Nyeri |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
THE REPUBLIC OF KENYA
IN THE SUPREME COURT OF KENYA
(Coram: Ibrahim & Wanjala, SCJJ)
APPLICATION NO. 1 OF 2016
JOSEPH KINYUA GACHAKI…….…...............….APPLICANT
-VERSUS-
PAULINE WANDIA KINYUA………...…......... RESPONDENT
(Being an application for extension of time and review of the decision given by Court of Appeal at Nyeri (Waki, Nambuye & Kiagi, JJ.A) dated 2nd December, 2015, denying certificate of leave to file an appeal to the Supreme Court in Sup.Ct. Civil Application No. 3 of 2015)
-BETWEEN-
JOSEPH KINYUA GACHAKI.....RESPONDENT/APPLICANT
-AND-
PAULINE WANDIA KINYUA…...APPELLANT/RESPONDENT
RULING
1. UPON perusing the application dated 19th January and filed on 22nd January, 2016 for extension of time to file a Notice of Appeal and;
2. UPON reading the affidavit of JOSEPH KINYUA GACHAKI in support thereof, sworn on 19th January, 2016;
3. WE HAVE CONSIDERED the written submissions on record for the applicant and the respondent. The applicant herein, contends that, the delay in filing a Notice of Appeal, is not attributable to any fault or complacency on his part. The applicant submits that, the delay was occasioned by financial difficulties on his part, and a misapprehension of the law on the part of his Advocate. The respondent opposes the application, on grounds that, the reasons advanced by the applicant, for the inordinate delay in filing the Notice of Appeal, cannot justify the extension of time as sought.
4. HAVING CONSIDERED the application, by a unanimous decision of this Bench, we make the following Orders under Section 23 (2) (b) of the Supreme Court Act, and Rule 21 of the Supreme Court Rules (2015).
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ORDERS |
REASONS
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The application dated 19th January, 2016 is hereby dismissed with costs.
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No compelling reasons have been presented to the Court as a justification for the inordinate delay. |
DATED and DELIVERED at NAIROBI this 24th Day of March, 2017.
…………………….…………………. ……...……………………………….
M. K. IBRAHIM S. C. WANJALA
JUSTICE OF THE SUPREME COURT JUSTICE OF THE SUPREME COURT
I certify that this is a true copy of the original
REGISTRAR
SUPREME COURT OF KENYA
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