GEOFFREY NJOROGE KINYANJUI vs NYAUTHA GICHUNGU [1999] KECA 151 (KLR)
- Court
- Court of Appeal
- Case number
- 151
- Citation
- [1999] KECA 151 (KLR)
The court grants the application and orders that the applicant shall file his notice of appeal within seven days from the date of the judgment and the record of appeal within fifteen days thereafter.
Facts
The respondent was the unsuccessful defendant in the Senior Resident Magistrate's Court at Kiambu, where judgment was entered on 9 November, 1992. The appeal from that judgment was struck out as incompetent due to an omission in the record of appeal.
Issues
- Whether the time for filing the notice of appeal and record of appeal should be extended.
- Whether the failure to include the document in the record was a mistake and not a bar to obtaining an extension of time.
Reasoning
The court finds that the applicant's mistake was not intentional and that the question of jurisdiction can be raised on a second appeal. The court exercises its discretion in favor of the applicant, balancing the principle of ending litigation with the need to investigate and decide disputes on their merits.
Outcome
The application is granted.
Orders
- The applicant shall file his notice of appeal within seven days from the date of the judgment.
- The applicant shall file his record of appeal within fifteen days thereafter.
Remedies
- The applicant shall pay the respondent the costs of the application in any event.
Authorities cited
Cases cited (2)
- BELINDA MURAI AND NINE OTHERS VS. AMOS WAINAINA
- GICHUHI KIMIRA V. SAMUEL NGUNU KIMOTHO AND ANOTHER
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