Kamiti v Kirugu & another (Civil Appeal (Application) E470 of 2021) [2021] KECA 158 (KLR) (19 November 2021) (Ruling)
- Court
- Court of Appeal
- Case number
- 158
- Citation
- [2021] KECA 158 (KLR)
- Decided
- 19 November 2021
The application is dismissed. The delay of 5 months is not inordinate, but the explanation given to justify the orders for extension of time is not satisfactory. The main purpose of litigation should be fostered, and errors and lapses should not necessarily debar a litigant from the pursuit of his rights.
Facts
The applicant, Kuria Kamiti, filed an appeal against a ruling by the Senior Principal Magistrate's Court in Succession No. 91 of 2009 regarding the rights of the second respondent to the estate of Nduati Kamiti. The High Court dismissed the appeal and ordered the confirmation of grant in favor of the second respondent. The applicant sought to file and serve the notice of appeal within the prescribed time.
Issues
- Whether the application for extension of time to file and serve the notice of appeal is arguable and has overwhelming chances of success.
- Whether the delay in filing and serving the notice of appeal is inordinate and whether the mistake was inadvertent to warrant the orders sought.
Reasoning
The Court considered the period of delay, reasons for the delay, degree of prejudice to the respondent, and the chances of the appeal succeeding. The Court exercised its discretion under Rule 4, but found the explanation given to justify the orders for extension of time to be unsatisfactory.
Outcome
Application dismissed
Orders
- Application dismissed
- Costs of and incidental to this application do abide the result of the said appeal
Authorities cited
Cases cited (4)
- Leo Sila Mutiso vs. Rose Hellen Wangari Mwangi, Civil Application No. NAI. 255 of 1997
- E C N G vs. F N N
- Raila Odinga and 5 Others vs. IEBC & 3 Others
- Nicholas Kiptoo arap Korir Salat vs. IEBC & 7 Others
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