Mathii v Bedan (Civil Appeal (Application) 35 of 2019) [2023] KECA 1617 (KLR) (31 May 2023) (Ruling)

Facts

The applicant Francis Maina Mathii sued the respondent Peter Nguru Bedan in HCCC No. 36 of 1988 at Nyeri, seeking to recover land parcel No. Loc. 14/Gakurwe/82. The respondent had been in occupation of the land since 1968 and had developed it. The applicant sought the eviction of the respondent and the transfer of the land to him. The court dismissed the application and found that the applicant was seeking to execute a judgment that was more than 12 years old, which he could not do due to the provisions of sections 4(4) and 7 of the Limitation Actions Act. The applicant filed a notice of appeal, but the court dismissed it with costs. The applicant then sought an extension of time to file and serve the Memorandum of Appeal and the Record of Appeal out of time.

Issues

1. Whether the applicant's application for extension of time to file and serve the Memorandum of Appeal and the Record of Appeal out of time should be granted.
2. Whether the applicant's delay in filing the application was justified and inordinate.

Reasoning

The court exercised its unfettered discretion to deny the extension of time, considering the applicant's protracted nature of the dispute and his unrepresentative status. The court found no merit in the application and dismissed it.

Outcome

The application is dismissed.

Authorities cited