Ngoima Wa Mwaura v James Njuguna Kihuna & another [2008] KECA 251 (KLR)

Facts

The applicant, Ngoima Wa Mwaura, filed a notice of appeal against an order made by the High Court on 26th April 2004, but the notice was signed by the applicant in person instead of the advocate who represented them in the superior court. The applicant filed the notice of appeal on 7th May 2004, and later applied for copies of proceedings, judgment, and order on 11th May 2004, which were not supplied.

Issues

1. Whether the applicant can file a notice of appeal out of time
2. Whether the notice of appeal is valid

Reasoning

The court exercised its discretionary powers under rule 4 of the Court of Appeal Rules, considering the length of the delay, the reason for the delay, and the chances of the appeal succeeding if the application is granted. However, the court found that the notice of appeal was extant and cannot be extended.

Outcome

Appeal dismissed

Authorities cited