judy.legal
Login Register

MICHAEL MWANDA AWANDU V. ATTORNEY GENERAL

(1996) JELR 99101 (CA)

Court of Appeal  •  Civil Application Nai.151 of 1994  •  17 Dec 1996  •  Kenya

Coram
Abdulrasul Ahmed Lakha JA

Judgement

RULING

This is an application under rule 4 of the Rulos of the Court seeking enlargement of time to file Notice of Appeal from the judgment of Mwera, J. delivered on 25th June, 1992 and to serve the same out of time. It also seeks enlargement of time to file the record of appeal.

A Notice of Appeal however was filed on 7th July, 1992 within time. Therefore the first prayer of the application does not lie. it was not served within time. No reason is given why this was not done. Nor does Mr. Chebii appearing for the applicant know when the default was discovered to enable him to limit the delay, if any, in filing this application which was not done until 20th July, 1994. No explanation has been given for the lapse of time since July 1992. In the circumstances although my discretion is unfettered i do not have before me any material to do so. I am accordingly disinclined to exercise my discretion. The application, is therefore, dismissed with costs.

Dated and delivered at Nairobi this 17th …

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login