Joyce Levinda Nyongesa v John Saro Ngowa & another [2016] KEHC 3075 (KLR)
- Court
- High Court of Kenya
- Case number
- 3075
- Citation
- [2016] KEHC 3075 (KLR)
- Decided
- 16 September 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureAppeal Out of TimeCoramHON. P.J.O. OTIENO
Holding
The court grants the application for leave to lodge an appeal out of time, but with conditions.
Facts
The applicant, John Saro Ngowa, sought to appeal a judgment from the Honourable S.K. ONDIEKI, delivered on January 28, 2016, in Kaloleni SPMCC No. 108 of 2012. The appeal was filed on April 21, 2016, and the judgment was delivered on January 28, 2016.
Issues
- Whether the applicant had a good and sufficient cause for not filing the appeal in time
- Whether the delay in filing the appeal was excusable
Reasoning
The court considers the length of delay, reasons for delay, and prospects of the appeal succeeding, concluding that the delay was not inordinate and granted the application with conditions.
Outcome
The application for leave to lodge an appeal out of time is granted.
Orders
- The memorandum of appeal must be filed and served within 7 days from the date of this ruling
- The Appellant shall within 21 days of filing the Memorandum of Appeal cause the appeal to be placed before a judge for purposes by admission
- The Appellant shall within 30 days from the date of this ruling pay to the Respondent a sum equal to 1⁄2 of the damages plus costs and deposit the other half in an escrow account in the names of the Advocates for the parties within the same period
- Should the applicant fail to comply with any of the foregoing conditions, the application dated 17/3/2016 shall stand dismissed and the orders hereby granted discharged
Remedies
- The costs of this application are awarded to the Respondent to be paid by the applicant
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Civil Procedure Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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