Case Metadata |
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| Case Number: | Misc Civil Appli. 72 of 2005 |
|---|---|
| Parties: | WAWERU MUNYI v ELIUD KARIUKI WAWERU,JOSPHAT MURIUKI KIAMA & EMMANUEL MAINA NJIRANI |
| Date Delivered: | 18 Oct 2005 |
| Case Class: | Civil |
| Court: | High Court at Embu |
| Case Action: | Ruling |
| Judge(s): | Isaac Lenaola |
| Citation: | WAWERU MUNYI v ELIUD KARIUKI WAWERU & 2 others [2005] eKLR |
| Case Summary: | [Ruling] Civil practice and procedure-appeal-leave to appeal out of time-where the applicant had filed for the proceedings five days after the delivery of the ruling-appeal being a right which was only to be denied in the clearest circumstances to warrant such denial-whether that can be said to be inordinate delay-Civil Procedure Act section G |
| 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 |
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
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
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