Ibrahim Mweny Kotit v Alemusia Kotit [2015] KECA 162 (KLR)

Facts

The applicant applied for an extension of time to file and serve a Notice of Appeal and a Record of Appeal against a judgment of the High Court of Kenya delivered on 14th January 2014. The applicant claimed that the proceedings were supplied out of the statutory period, and that he was unable to raise the requisite fee for counsel to take up the appeal.

Issues

1. Whether the delay in filing the Notice of Appeal and the proceedings was inordinate.
2. Whether the applicant had exercised due diligence in obtaining the certified copies of the proceedings and the certified judgment.

Reasoning

The court found the delay to be inordinate and no sufficient material or reasons were provided to explain the delay in either filing the Notice of Appeal or in collecting the proceedings from the registry. The court also noted that there would be prejudice to the respondent from such a lengthy delay.

Outcome

The application for extension of time is dismissed with costs.