Kenindia Assurance Co. Ltd v Charles Ngunjiri Kariuki [2005] KEHC 2540 (KLR)
- Court
- High Court of Kenya
- Case number
- 2540
- Citation
- [2005] KEHC 2540 (KLR)
- Decided
- 25 May 2005
The Court dismissed the application for leave to file appeal out of time, finding that the Applicant did not demonstrate good and sufficient cause for the delay and that the necessary documents were not required to file the appeal.
Facts
The Applicant, Kenindia Assurance Co. Ltd., sought leave to file an appeal out of time due to delays in receiving instructions and certified copies of proceedings and judgment. The judgment in the lower court was delivered on February 10, 2005.
Issues
- Whether the Applicant demonstrated good and sufficient cause for not filing the appeal in time.
- Whether the Applicant needed the certified copies of proceedings and judgment to file the appeal.
Reasoning
The Court ruled that the Applicant had nine full days to file the appeal after receiving instructions on March 1, 2005, and waited until March 22, 2005, to apply for certified copies of proceedings and judgment, which were still not received. The Court found that the Applicant did not need the proceedings or the decree or order to file the appeal.
Outcome
Application dismissed with costs to the Respondent
Authorities cited
Legislation (1)
- Civil Procedure Act
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