MEGHJI VELJI CHHAYA v ATTORNEY GENERAL & 3 others [1997] KECA 6 (KLR)

Facts

The applicant filed an application for extension of time to treat a notice of appeal filed late as having been filed in time. The application was dismissed by the single judge as the applicant or his counsel were not present. The applicant then filed a reinstatement application.

Issues

1. Whether an omission by an advocate's clerk to enter a hearing date in the diary of the advocate constitutes a sufficient cause to enable the learned single judge to exercise his discretion to reinstate the application.
2. Whether the learned single judge erred in finding that the omission by the advocate's clerk was a sufficient cause to reinstate the application.

Reasoning

The court held that the learned single judge erred in finding that the omission by the advocate's clerk was a sufficient cause to reinstate the application. The court considered the cases cited by the respondent and found that the omission by the advocate's clerk was not a sufficient reason to justify the extension of time.

Outcome

Appeal dismissed with costs

Authorities cited